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OUR STATE AND NATION 



OR 



CIVICS MADE INTERESTING, PRACTICAL 
AND COMPREHENSIBLE 



A TEXT BOOK OF CIVIL GOVERNMENT FOR THE COMMON 
SCHOOLS OF IOWA 



BY 

WALTER GUTHRIDGE 

TENTH EDITION. 



CHICAGO 
W. M. WELCH COMPANY 



COPYRIGHT 1912 

BY 

W. M. WELCH COMPANY 



£ CU3J20DG' 



PREFACE. 



The aim of this book is to set forth in a simple and 
practical manner the actual workings of our Govern- 
ment and to take up the subject in the order of its com- 
plexity, beginning with the simplest unit of govern- 
ment, viz. : "The school district/' and proceeding to 
the next simplest; thus passing from the known to the 
unknown. The teacher may find it practical in follow- 
ing this text to have such exercises as writing notices 
of election of director, holding election of director, 
writing out proceedings of election and certificates of 
election and afterwards organization of a board of di- 
rectors. Such exercises may be carried further as the 
judgment of the teacher may decide. 

In passing from one unit of government to the 
next higher, special stress is laid on similarities and 
reasons given for the differences. The pupil just be- 
ginning the subject is not confronted with the general- 
ization, "Government is divided into three divisions, 
the Legislative, the Executive and the Judicial, but is 
led to such conceptions inductively, by studying these 
functions in the simplest unit of government in which 
they exist. 

A practical feature of the book is the chapter on 
political parties, primaries, conventions and elections, 
definite instructions being given on the Australian 
ballot as it is in our own State. 

Hoping that the book will meet the need of country 
and graded schools in our State, it is commended to the 
consideration of the public by The Author. 



Note: — Changes in the Iowa law made by the 
thirty-fourth general assembly have. necessitated this 
edition which has been carefully corrected and re- 
vised. The cordial reception accorded former edi- 
tions, bespeaks even greater success for this one. 

THE PUBLISHERS. 



OUR STATE AND NATION 



CHAPTER I. 

EARLY HISTORY OF OUR STATE. 

i. Probably the first white men to see Iowa were 
Father Marquette, a French Jesuit missionary, and 
Louis Joliet, a French Canadian trader, who came 
down the Mississippi in 1673 an d landed near the 
mouth of the Des Moines river. The name is from 
the Indian tongue and in their language is said to mean 
"The Beautiful Land." 

2. The Earliest White Resident within the present 
limits of the state was Julien Dubuque, who in 1788 
obtained permission from the Indians to mine lead near 
the place now occupied by the city which bears his 
name. Several feeble attempts were made by the 
French to settle about this time at various points along 
the Mississippi, but no permanent locations were made 
until after the Black Hawk War in 1833 when the 
•Indians relinquished their claims to part of the land. 

3. By right of discovery, the French Established 
Claim to Iowa and held possession until 1763 when 
their territory in the Mississippi valley was ceded to 
Spain. Spanish control and authority existed until 
1800 when ownership again went to France. In 1803, 
Napoleon Bonaparte sold the tract known as the Lou- 
isiana Purchase w T hich included this state to the 
United States for $15,000,000. 

4. From the time of the purchase until its admis- 
sion as a state, Iowa has been under numerous forms 
of Territorial Connection. After the separation from 



6 OUR STATE AND NATION 

Missouri in 1821, it was practically without a govern- 
ment for thirteen years. The territory of Iowa was 
organized in 1838, including the present state of Min- 
nesota and parts of North and South Dakota. Robert 
Lucas of Ohio, was appointed first governor and Bur- 
lington was made the temporary seat of government. 
The capital was afterwards transferred to Iowa City, 

5. Unsuccessful attempts were made in 1840 and 
1842 to call a convention for the purpose of forming a 
Constitution. Such a convention, however, met in 
1844 at Iowa City, and a constitution was drafted 
including in territory nearly all of the present state 
and a large part of Minnesota. These boundaries were 
unsatisfactory to congress and new ones were pro- 
posed by that body. On account of this change, the 
constitution was rejected by the people. Another con- 
vention followed in 1846, the action of which being 
ratified by the people and by congress, Iowa was ad- 
mitted as a state on the 28th day of December in the 
same year. 

6. The people of New England have always fa- 
vored Local Self Government. To the voters assem- 
bled at the "town meeting/' power was given to decide 
every affair of local interest. In the Southern colo- 
nies, the isolated rural population was the natural 
home of the county. Here the government unit 
embraced a larger scope of territory, so more authority 
was of necessity given to the various officers. In most 
of the newer states, we have a composite type of 
township and county government, as the people in the 
westward movement brought with them both forms. 
This is seen in Pennsylvania, Ohio, and Illinois and the 
settlers from these states who so largely made up the 
early population of Iowa, determined the powers and 
extent of our governmental units. Keeping these 
facts in mind, it will be possible to consider without 
confusion, the school district, township, town, city, and 
county as elements of local government as they are 
taken up in the subsequent chapters. 






EARLY HISTORY OF OUR STATE 7 

QUESTIONS. 

1. Who were the first white men in Iowa? 

2. Tell about the early settlements. 

3. Who was the first territorial governor? 

4. When was Iowa admitted? 

5. How did our different local governments 
originate? 






CHAPTER II. 

OUR SYSTEM OF SURVEYS. 

i. In the eastern part of the United States the 
farms are not separated by lines running north and 
south, east and west, as they are in our state, but are 
generally of very irregular shape. The lines may 
extend in any direction, and a farm is sometimes 
bounded by a great number of sides. Fig.i is an out- 
line of a farm near Knoxville, Tennessee. Its area is 
266^4 acres and it has 26 sides. Such farms are very 
hard to survey, and where found, the school districts, 
townships and counties are also very irregular. 

2. In this state is used the simple and practical 
System of Surveys which originated in the land ordi- 
nance passed by congress in 1785 and applied to all 
new territory. Under this plan, the land is divided 
into squares by meridians running north and south 
and parallels extending east and west, six miles apart. 
These squares are called "congressionV townships." 

3. When beginning a survey, a line is located 
called the "Principal Meridian" across which at right 
angles a base line is run. There are twenty-four prin- 
cipal meridians in the United States. Six of these are 
numbered and are shown on Fig. 3; the rest have 

rial names as the Salt Lake meridian. The fifth 
principal meridian from which the Iowa survey is 
made, starts at the mouth of the Arkansas river and 

nds north through Minnesota. The base line 
Little Rock, Ark. 

4. Other meridians called "range lines" are run at 
intervals of six miles on each side of the principal 
meridian: also parallels or township lines are run on 



OUR SYSTEM OF SURVEYS 9 

each side of the base'line, six miles apart. Each town- 
ship thus formed has two numbers : one showing its 
position north or south of the base line : the other east 
or west of the principal meridian. The tiers of town- 




Fig. i. 



ships north or south of the base line are called "town- 
ships :" those east or west of the principal meridian, 
"ranges." From this it is very easy to locate any 
township in a given survey as shown in Fig. 2. One 
of these six mile squares in the seventh tier north of 



10 



OUR STATE AND NATION 



the base line and in the fourth tier west of the princi- 
pal meridian would be designated as township 7 north, 
range 4 west. A township on the south line of Iowa 
is number 67 north of the base line: one on the north 
line is number 100. The extreme western range is 48 
west, while the extreme eastern one is 6 east of the 
fifth principal meridian. 

5. Each township is divided into thirty-six sec- 
tions, each one mile square containing 640 acres. 
These sections are numbered as noted in Fig. 4, begin- 
ning in the northeast corner of the township. For 
convenience in locating land, the sections are divided 
into four squares called quarters; as, north east 



• 


















































9 














^ 


2 












Q 


1 












111 


6 












* 


5 








IPA 


4 














INC 


3 * 












DC 

CL 


2 




X 




VII VI V IV III 


II 1 


1 


II 


in 


. 


VI 


. 


VI 


< 






. 




1 














- 


2 













3 




















t 


< 


4 




























5 


































I 




































7 
































c 


























> 





















































Fig. 2 



Fig. 2.—^ Township 5 North, Range 3 West. 
t Township 4 South, Range 3 West. 
\ Township 3 North, Range 5 East. 



OUR SYSTEM OF SURVEYS 



11 



quarter, north west quarter, south east quarter and 
south west quarter. The quarters are subdivided as 
the description requires. See Fig. 5. The govern- 
ment survey fixes the section lines, marks the corners 
and places a half mile mark between the section cor- 
ners, but does not run lines through the sections. 

6. Land described as N. E. % of N. E. J4 of section 
1, township 80 north of range 20 west of fifth principal 
meridian, means 40 acres in the extreme north east 
corner of section 1 of the township from 114 to 120 
miles west of the fifth principal meridian and from 
474 to 480 miles north of the base line. This is a much 
more convenient way of locating land than is possible 
where the surveys are irregular. 




Fig. 3. 



7. In running north and south from the base line 
I lie surveyors follow the true meridian as shown by 
their instruments. However, as true meridians con- 



12 



OUR STATE AND NATION 



verge at the north pole, the north side of a township is 
narrower than the south side. This difference is equal 



6 


5 


•1- 


3 


2 


1 


7 


8 




10 


11 


12 


18 


17 


1G 


15 


14 


13 


19 


20 


21 


22 


23 


24 


30 


29 


28 


27 


26 


25 


31 


32 


33 


34 


35 


3G 



Figr 4. 



to about three rods in latitude 42 degrees. As we go 
nearer the pole the difference increases. Therefore, 
two lines running north and south that are six miles 
apart at the southern boundary of Iowa, will be about 
fifteen rods nearer together, thirty miles farther north. 
To prevent this narrowing from spoiling the system, 
surveyors make what they call Correction Lines. 

8. This is done by measuring out from the princi- 
pal meridian and starting a new base line. The town- 
ships south of this line are less than six miles in width : 
fe north are a full six miles. There are four such 
correction lines in the state: one on the southern 
boundary: one running through Des Moines: one 



OUR SYSTEM OF SURVEYS 



13 



through Sioux City and Dubuque : one along the north- 
ern boundary. These can be seen on any map of the 
state showing the counties. * 
*See map of Iowa, page 143 



N.W. Hof 
N.E. U 



N.W.M 
160 Acres 



X.E. H of 
NJE. fc 



S.V 2 ofN.E.% 
80 Acres 



X.E. 54 of 

s.w.% 

40 Acres 



Mem of) 

X.EM of [ 

S.EM ) 



10 
> Acres 



20 Acres 
SMofS.W.V±of 

s.w.% 



S.W.Uof 

S.E. k 
40 Acres 



E.V 2 of 
X.EM of 
S.EM of 

S.EM 



u 



Fig. 5. 



QUESTIONS. 

i. Compare the shape of eastern and western 
farms; of townships; of counties. Account for the 
difference. 

2. What is a principal meridian? How many do 
we have in the United States? A base line? Locate 
those from which the Iowa survey is made . How are 
townships numbered ? 

3. How wide is our state? How long? 

4. How are sections numbered? How divided? 



14 OUR STATE AND NATION 

5. How far from the Principal Meridian and Base 
Line is township range 24 west and number 75 north? 

6. How many acres in the N. W. J4 of S. E. y 4 of 
N. W. % ? In s. y of s. e. y ? In E. y 2 of N. w. y 4 
of N. E. % ? 

7. Why are correction lines necessary? How 
many do we have in this state? 






CHAPTER III. 
SCHOOL DISTRICTS. 

1. The congressional township besides locating 
land may serve as a unit for local and school govern- 
ment. The civil and school township usually occupy 
the same extent of territory as the congressional town- 
ship. This, however, can be changed to meet the con- 
venience of the people. The early settlers established 
their township governments without regard to the 
land surveys, hence in the eastern part of our state, 
civil townships frequently do not correspond to the 
congressional, but in the western part they do as a 
rule. 

2. During the history of the state the laws of Iowa 
have recognized many forms of School Corporations, 
but the statutes at present provide only two general 
classes, the school township and the independent 
districts. 

3. A Meeting of the Voters of each corporation is 
held on the second Monday in March of each year for 
the purpose of transacting such business as the law 
permits to come before it. While it is necessary to 
leave the direct management of all school affairs in the 
hands of the school board, there are certain matters 
that must come before the electors and others in which 
the board must act as directed by the voters at the 
meeting. This yearly gathering of the voters is of 
special interest because it is one of the few instances 
in our government where the people meet and directly 
make and adopt their own laws and regulations. 

4. Notice in writing of the place, day and hours 
during which the meeting will be in session and con- 
taining such propositions as are to be submitted to the 



It; OUR STATE AND NATION 

voters, must be posted by the secretary in at least five 
public places in the district not less than ten days 
before the meeting. The president and secretary of 
the board with one of the directors are the judges of 
election. When any judge is absent, the voters can 
appoint one of their number to act in his stead. 

5. The Powers which can be exercised by the vot- 
ers at their annual meeting are clearly defined by law. 
Among- them is the authority to direct the sale or 
other disposition of school property, to determine upon 
new branches to be added to the course of study, to 
instruct the board as to the use of school houses for 
public meetings, to authorize the board to obtain roads 
for the proper access to school houses, to vote a tax 
for building school houses and purchasing sites. All 
propositions must be voted upon by ballot and must 
appear in the following form, "Shall a change of text 
books be directed?" 

6. A special meeting of the voters of any school 
corporation may be called by its board of directors by 
giving notice in the same manner as for the annual 
meeting. At this meeting the voters have the same 
powers as at the annual meeting in reference to the 
disposal of school property and voting a tax for the 
construction of school houses and obtaining sites and 
proper roads. 

7. To have the Right to Vote at a school meeting, 
a person must have the same qualifications as to vote 
at a general election. In any election for the purpose 
of issuing bonds or increasing the tax levy, women 
may vote under the same restrictions and qualifica- 
tions as men. A separate ballot box must be provided 

the ballots cast by women, and a separate canvas 
made of their votes. Women are allowed by law to 
hold any school office. 

8. One plan of managing school affairs is to have 
the whole civil township constitute a school district 
which is generally divided into such subdistricts as, 
in the opinion of a majority of the board, the interests 



SCHOOL DISTRICTS 17 

of the people require. Where the School Township 
coincides with the congressional township the number 
of subdistricts is usually nine. Annually, on the first 
Monday in March, a meeting of the qualified voters of 
each subdistrict is held for the purpose of electing a 
subdirector. These subdirectors make up the town- 
ship board. The law provides for a director at large 
to be chosen at the annual meeting of the voters of the 
whole township where there is an even number of sub- 
districts. This is to make an odd number on the 
board so as to prevent tie votes. 

Besides his general duties as a member of the 
board, each Subdirector has special duties to perform 
in his own subdistrict. He may subject to the regu- 
lations of the township board, hire the teachers, make 
contracts for the purchase of fuel, the repairing or fur- 
nishing of school houses, and all other matters neces- 
sary for the convenience and prosperity of the schools 
in his subdistrict. He is required by law to post 
notices for the meeting of the voters in his district and 
take an enumeration of the children of school age 
which with a list of the heads of families, he must 
report to the secretary of the board. The election 
notice is similar to the following: 

"Notice is hereby given, that on the first Monday 
in March, 19. ., a meeting of the qualified electors of 

subdistrict No , in the school-township of 

. . . ., in the County of. and State of Iowa, 

will be held at the school house in said subdistrict, 
between the hours of two and four o'clock P. M., for 
the election of one director and the transaction of such 
other business as may legally come before the 
meeting. ,, 



Director. 

9. At the time appointed the qualified electors of 
the subdistrict meet to hold the election. They organ- 
ize by selecting from their number a chairman and a 
secretary, whose duties are to act as judges of the elec- 



18 OUR STATE AND NATION 

tion and then proceed to cast ballots for director. The 
judges canvass the vote thus cast, announce the result 
and declare the person receiving the highest number, 
elected. Tie votes for any elective school office are 
decided publicly by lot forthwith, under the direction 
of the judges of the election. 

10. The chairman and secretary then sign a certifi- 
cate of election and give it to the director elect. They 
also sign the record of proceedings of the meeting. 

FORM OF CERTIFICATE OF ELECTION. 

We hereby certify that at the regular meeting of 

subdistrict No , in the school township of , 

in County of , and State of Iowa, (the per- 
son's name) was duly elected director for one year. 

Chairman. 

Secretary. 

FORM FOR PROCEEDINGS OF MEETINGS. 

On the first Monday in March, 19. ., the electors of 

subdistrict No , in school township of , 

in county of and State of Iowa, met 

pursuant to previous notice. On motion of Mr. 

, they proceeded to the election by ballot 

of one director. On counting the ballots it was found 
that 10 votes were cast for Mr. B. and 8 for Mr. C. 
Whereupon Mr. B. was declared duly elected for the 
term of one year. 



Chairman. 



Secretary. 

Any other business that may come before the meet- 
ing is also recorded in the proceedings. 

11. The other kinds of school districts besides the 
school township which we have been studying, are the 
Independent districts of cities, towns, and villages and 



SCHOOL DISTRICTS 19 

the Rural Independent districts. In cities of the first 
class and cities of special charter the number of direc- 
tors is seven; in districts of cities of the second class, 
towns and villages, there are five: in rural independent 
districts the board consists of three members. Direc- 
tors in all independent districts are chosen for a term 
of three years, one or more being elected each year at 
the annual March meeting. 

12. It may happen in a school township that a 
village grows up and the people demand. better schools 
than the township affords. They may wish to have 
the number of school months increased, additional 
branches taught, a graded school and more efficient 
teachers. These advantages require an additional tax 
and to meet these conditions where the village has over 
one hundred inhabitants they may Organize an Inde- 
pendent District. 

At least ten of the voters of the proposed indepen- 
dent district sign a petition addressed to the board of 
the school township, which contains an accurate plat 
of the proposed district. The school board then ad- 
vertises in the usual way for an election in the said 
district. If a majority of the votes cast is in favor of 
the change, the board provides for another election at 
which the electors of the new independent district 
elect five directors, two of whom serve until the next 
annual meeting, two until the second, and one until 
the third. 

13. The new district thus formed is not limited 
by the subdistrict or township lines but may not in- 
clude smaller subdivisions of land than entire forty 
acre tracts. When an independent district has been 
thus formed, the rest of the school township remains 
organized for school purposes just as it was before. 

14. Sometimes all the subdistricts in a school 
township are changed to rural independent districts. 
When this change is desired, at least one-third the 
voters of each subdistrict must petition the school 
board of the school township, which then provides for 



20 OUR STATE AND NATION 

an election in each subdistrict by posting notices in the 
usual way, at least thirty days before the election. If 
a majority of the votes cast in each subdistrict, favor 
the change, each becomes a rural independent district 
and the board provides for another election in each, at 
which three directors are elected to serve one, two, and 
three years respectively. Thus a school township 
containing nine subdistricts would when changed, be- 
come nine separate, independent corporations, each 
having its own board, officers, and meetings. 

15. If the above change is not found to be satis- 
factory, one-third the voters of the township may re- 
quest that they return to the school township organi- 
zation. This written request is presented to the 
trustees of the township, who call an election. At 
least ten days' notice of the election must be given by 
posting notices in three places in each district, and by 
publication in a newspaper if one be published in the 
township. If a majority of votes cast are in favor of 
organizing a school township, each rural independent 
district becomes a subdistrict and elects one director 
on the first Monday of March following or the entire 
township may organize as an independent district with 
directors chosen at large. 

16. Adjoining independent districts may unite into 
one independent district, if a majority of votes cast in 
each district is in favor of the change. An election in 
each district for this purpose must be called by the 
school boards if they are petitioned to do so by ten 
voters of each district. If there are less than ten voters 
in a district a majority of the voters need sign the 
petition. Boundaries of contiguous districts in the 
same county may be changed by the joint action of the 
two boards even to the extent of abolishing one dis- 
trict and uniting it with the other. 

17. The demand for better schools at a relatively 
less expense has lead to the consolidation of districts 
and the transportation of pupils to a central school. 
In order to promote this plan, the law provides that 



SCHOOL DISTRICTS 21 

contiguous territory containing not less than sixteen 
sections of land can be established as a consolidated 
independent district by vote of the electors residing on 
such territory. The plan, however, must meet with 
the approval of the county superintendent and the ter- 
ritory remaining in the school corporations from which 
the consolidated district is taken must consist of not 
less than four government sections. When it is pro- 
posed to include a town or village district the people 
outside are allowed to vote on the proposition 
separately. 

18. On the third Monday in March, the directors 
in all independent village, town, and city districts meet 
and proceed to organize. Those of rural independent 
districts and school townships meet for the same pur- 
pose on the first day of July unless that day falls on 
Sunday, in which case on the day following. To 
"organize" is to elect a president from among the 
members of the board who is entitled to vote as a 
member of the board. The certificates of election may 
be presented and read by the secretary. Each mem- 
ber qualifies for office by taking the oath to support the 
constitution of the United States and of the state of 
Iowa, and to perform faithfully the duties of the office. 
Anyone of the directors may administer the oath of 
office to the others or to the president of the board. 

19. The boards of all independent village, town, or 
city corporations are likewise required to meet on this 
same day in July. It is required of all boards thus met 
that they shall settle with the secretary and the treas- 
urer for the year ending on the thirtieth day of June 
preceding. At this meeting each board elects from 
outside its own membership a secretary, but in inde- 
pendent districts no teacher or other employe of the 
board may be chosen. Boards of independent village, 
rural independent districts and school townships also 
elect at the same time a treasurer who may not be a 
member of the board. In town or city corporations 
the treasurer is elected by the voters for a term of two 



2'2 OUR STATE AND NATION 

years. Besides these required meetings each board 
may hold other meetings at such times and places 
within the corporation as it desires. 

20. The school board must provide at least six 
months school in each subdistrict, unless excused by 
the county superintendent ; hold the regular meeting 
in July, make contracts to carry out the wishes of the 
people of the school corporation, as shown by their 
votes; allow all just claims against the district to be 
paid; attend to election of teachers and decide what 
wages shall be paid them, and make a levy of the 
amount of money needed for the maintenance of the 
schools. They should provide books for poor children 
when not doing so would deprive the children of 
school privileges. If the voters of their school corpo- 
ration have so ordered, the board must purchase text 
books to loan to pupils. 

It is the duty of every school officer to look to the 
enforcement of the compulsory education law and for 
this purpose the board is empowered to employ truant 
officers. 

21. The treasurer has charge of all the funds be- 
longing to the district, keeps an account of all money 
received and paid out, showing to which fund it 
belongs, pays out money only on orders signed by the 
president and secretary, and makes a statement of 
finances to the board. He has four funds of which he 
must keep separate account : the teachers' fund from 
which teachers' salaries are paid: the school building 
bond fund for the payment of bonds issued for the 
building of school houses : the school house fund for 
the erection of new school buildings or extensive 
repairs on old ones, and the contingent fund for the 
payment of incidental expenses. 

It is the treasurer's duty to make an annual report 
to the county superintendent embracing the amount 
held over, received, paid out, and on hand of the 
above funds. 



SCHOOL DISTRICTS 23 

22. It is the duty of the secretary to keep a record 
of all the proceedings of the board of directors, give 
notice of the annual meeting, on the second Monday 
in March, notify the county superintendent when each 
term of school begins and make an annual report to 
him. This report and also that of the treasurer must 
be handed in within five days after the July meeting 
of the board. If they fail to make these reports they 
forfeit the sum of twenty-five dollars and are required 
to make good all losses resulting from their failure, 
and their bondsmen are held for the payment of this 
sum. The secretary's report contains statistics relat- 
to the teachers and pupils of his district and concern- 
ing the value, amount, and condition of school 
property. 

He issues and signs all orders made by the board 
and records them, keeps an account of the expenses 
of the district and certifies to the county board of 
supervisors the amount of taxes the school board 
levies. In school townships he attends to distributing 
library books. 

23. As the treasurer and secretary both have 
duties relating to the care of money of the district, and 
a failure to perform their duties faithfully might cause 
some loss to the district, each executes a bond of such 
amount as the school board determines. A bond is a 
written agreement on the part of the bondsmen to pay 
a sum sufficient to cover all losses that might accrue 
from the failure of the officer who executes the bond to 
perform his duty. 

24. The president has no bond to execute unless 
he is personally intrusted with the disposition of some 
property of the district. It is his duty to preside at all 
meetings of the board, to call special meetings, to sign 
all orders for money and to sign all contracts made 
under the direction of the board. 

25. The most important officer connected with the 
management of the school is the teacher. No one is per- 
mitted by law to receive compensation from the public 



24 OUR STATE AND NATION 

funds for teaching unless he possesses a certificate is- 
sued by the state board of examiners, which he has 
registered with the county superintendent of the 
county in which he wishes to teach. The contract 
with the teacher is signed by the president of the 
rd and the teacher. It must be in writing, stating 
the length of term the school is to be taught, the 
compensation and such other matters as may be 
agreed upon. A daily register must be kept by the 
teacher showing the name, age, and attendance of 
every pupil in the school, and the branches taught. A 
certified copy of this must be filed with the secretary 
at the close of school. The school board has the right 
to discharge a teacher for incompetency, inattention 
to duty, or any other good cause. 

26. The funds for the support of the schools come 
from two sources ; from the state and from the district 
taxes. The United States government gave the state 
section 16 in every township and five hundred thou- 
sand acres additional for the maintenance of the school. 
This land has been sold and the proceeds is known as 
the permanent school fund. The income on this fund 
together with a small tax imposed by the state and all 
fines collected by the state are apportioned twice a 
year among the several school districts according to 
the number of children of school age in the district. 
It usually amounts to about $1.50 per pupil, and is put 
into the teacher's fund. The largest part of the 
support for the schools comes from taxes imposed by 
the boards of directors on the property of the district. 
All school house taxes are voted by the people. The 
law fixes a limit on the amount of money that can be 
expended in any one year for the support of schools. 

27. Any student who has completed the course of 
Study in any school not offering a four-year high 
school course, may attend any high school offering a 
higher of study, not exceeding a total period 

ars. The tuition is paid by the school cor- 
poration in which lie resides, and is based on the 
raged cost of tuition and the average contingent 
expenses in the high school department of the nearest 



SCHOOL DISTRICTS 25 

high school offering a four-year high school course of 
study. He must present to the president or secre- 
tary of the school corporation in which he desires to 
attend high school, a certificate signed by the county 
superintendent showing proficiency in the common 
branches including civics and music. He must also 
present a certificate signed by the president or secre- 
tary of the school corporation in which he resides, 
stating that he is of school age and a resident of that 
school corporation. 

The object of this law is to offer free tuition to all 
students desiring to obtain a high school education. 

QUESTIONS. 

i. To what does the school township correspond 
in territory? 

2. What are the two general classes of school cor- 
porations? 

3. Why is the annual meeting of the voters of the 
district of special interest? What are some of the 
things that can be done at this meeting? 

4. How may a special meeting be called and what 
powers has it? 

5. What are the duties of the subdirector? 

6. What districts have three directors? Five? 
Seven? 

7. How may a school township be divided into 
independent districts? 

8. How may independent districts be erected into 
a school township? 

9. How may adjoining independent districts be 
united? 

10. Explain how consolidation may take place? 

11. What are the principal duties of the school 
board? 



26 OUR STATE AND NATION 

12. Name the officers of the school board and give 
the duties of each. 

13. Who must sign a teacher's contract? What 
record must he keep? 

14. What is the permanent school fund? How 
are funds raised for the support of the schools? 

15. Who may be admitted to high school in an- 
other corporation free of tuition? What certificates 
must be presented, and to whom? 

16. How is the cost of tuition determined? By 
whom paid? What is the object of this law? 






CHAPTER IV. 

TOWNSHIP OFFICERS. 

I. In studying about school officers we found that 
the township is frequently the unit of the school sys- 
tem. Every community of that size has other public 
business to attend tofi so in every township we find a 
set of officers entirely independent of the school officers. 
The public highways must be cared for and the ceme- 
teries kept in order. There will necessarily be ex- 
penses which the people should pay in proportion to 
:heir wealth ; thus an officer is required for the pur- 
pose of making a list of the people who own property, 
and affixing a valuation, so that each may be called 
upon to pay his share. Wherever people live as 
neighbors, they will have some business in common, 
and it always has been that differences which cause 
trouble will arise between some of the people. Offi- 
cers whose duties are those of a judge are therefore 
necessary. 

2. There are three officers, called Trustees, who 
oversee the general public business ; such as roads, 
cemeteries, etc., and look after the welfare of the whole 
community. 

3. In caring for the roads they have the power to 
expend the road fund of the township. They may 
contract with reliable persons to do the work of keep- 
ing the roads in repair which is done by advertising 
and letting the contract to the lowest responsible bid- 
der or they may appoint one or not more than four 
road superintendents who work under their direction. 
These officers serve during the will and pleasure of 
the trustees, not to exceed one year, and receive a com- 
pensation of three dollars per day while employed. 



28 OUR STATE AND NATION 

4. They should look after the public health in 
every way they can and care for the poor. If anyone 
who is likely to become a public charge moves into 
a community, it becomes the duty of the trustees or 
any other officer of the township, or county, who may 
be required to furnish aid, to notify him to leave or 
send him to the county from which he came. Dis- 
abled persons are required to be supported by their 
near relatives and if they refuse to give aid, the trus- 
tees or county supervisors may bring action in court 
to compel them to do so. 

5. Sometimes it might be much to the advantage 
of a community to have a railroad pass through the 
township and a little aid from the people might secure 
them the road that otherwise might pass some distance 
away. The trustees may submit to a vote of the peo- 
ple the question whether a tax be levied to aid in 
building the railroad to pass through their township. 
All other questions involving unusual taxation must 
be submitted by them to the people. 

6. If two farmers should have some difficulty 
about stock breaking through a fence, it would be the 
duty of the trustees to view the fence and decide 
whether or not it is a lawful one. If any person should 
should complain that his property has been improperly 
assessed, the trustees should investigate the matter at 
the proper time. As they have considerable business 
to attend to for the township, they should keep a 
record of their proceedings, and for this purpose an 
officer, called the township clerk, is elected. They 
must secure a place for holding elections and also 
oversee them. They require the township clerk to 
give sufficient bond to insure the safe keeping of the 
township's money and the road implements and tools 
that are in his care. When a vacancy occurs in any 
township office they fill it by appointment, but in case 
there are no trustees the auditor of the county makes 
the appointment. 



TOWNSHIP OFFICERS 29 

7. This power of appointment frequently saves 
the people the expense of an election and gives general 
satisfaction. 

8. The trustees receive two dollars per day when 
engaged in official business. When acting as fence 
viewers or in any similar capacity, they are paid by the 
parties requiring their services. When assessing dam- 
ages caused by trespassing animals their fees are one 
dollar each, per day. 

9. The Township Clerk, besides having the duties 
already mentioned, is one of the clerks at election. He 
is required to post at the place of voting a statement 
of all the receipts and disbursements of his office for 
the preceding year. He preserves the poll-book which 
contains the names of all the voters. He posts a list 
of all the township officers. If there should be a tie 
vote he notifies the contestants to appear before him 
and one of the trustees to decide their election by lot. 
The names of township officers are reported to the 
county auditor by him and he approves the bonds of 
all township officers except his own. 

10. When a vacancy occurs in any office in the 
township he notifies the trustees to meet with him to 
fill the vacancy. He makes out a plat of the roads to 
give to the road superintendents and also gives them 
a list of all persons required to pay road poll tax. He 
is treasurer of the township and receives the money 
due his township from the county treasurer. If a 
highway superintendent neglects to do his duty the 
clerk must bring suit against him. 

Someone in the township may own swamp or 
marsh lands that he wishes to drain but cannot make 
satisfactory terms with those through whose land the 
drain must pass. He may file an application for the 
drain with the township clerk, who charges him a 
small fee, and notifies the trustees, who settle the 
case according to law as their judgment dictates. 

11. In some counties where there is no stock law 
the owner of animals running at large may brand 



30 OUR STATE AND NATION 

them and have their brand or mark recorded by the 
township clerk. 

This officer is allowed two dollars per day while 
engaged in official business and a small per cent 
on a part of the township money handled by him. 
Part of his income arises from fees. 

12. We have noticed that some one must make 
a list of all the taxable property and property owners, 
so that the taxes may be justly apportioned among the 
people. The Assessor is the officer who does this, 
with the assistance of the property owners. He makes 
a list of those subject to military duty and an enumer- 
ation of all the children of deceased soldiers, that must 
contain the name, age, and sex of each child, and the 
company and regiment to which the father belonged. 
He meets with the trustees who correct his books and 
equalize assessments on the first Monday in April of 
each year. One copy of his assessment book he leaves 
with the clerk and returns the other to the county 
auditor. Every odd-numbered year he gathers statis- 
tics relating to crops of all kinds of the previous year, 
the acreage of the different kinds of grain, the number 
of heads of each kind of stock, the orchards, forests, 
groves, etc. Every tenth year, beginning with 1875, 
he takes a census of his township. Each year he gath- 
ers statistics of the births in his township and reports 
them to the county auditor who transmits them to the 
clerk of the district court. Before entering upon his 
work he executes a bond for the faithful performance 
of his duties. His compensation is fixed by the coun- 
ty supervisors. 

13. Justices of the Peace are officers whose duties 
are similar to those of a judge. They are really county 
officers, though elected by the people of the township 
in which they reside. Lawsuits may be tried before 
them if the amount involved does not exceed one hun- 
dred dollars, or three hundred dollars if the parties 
consent. Criminal cases may be tried before a justice, 
if the greatest punishment for the offense involved 



TOWNSHIP OFFICERS 31 

does not exceed a fine of one hundred dollars or im- 
prisonment for more than thirty days in the county 
jail. 

14. A justice cannot try cases that arise outside 
of the county, and his jurisdiction may be restricted 
within the county. When an offense has been com- 
mitted the punishment of which exceeds the jurisdic- 
tion of a justice, and the case is brought before him 
for trial, it is his duty to make a preliminary examina- 
tion of the offense. If the facts and evidence are such 
as to warrant it, he must bind the offender over to the 
district court to await the action of the grand jury in 
such bail as the law directs and his judgment suggests. 
In any case tried before him, when a jury is demanded, 
he must grant it. The jury consists of six members, 
unless the parties agree on a smaller number. Each 
party in the suit is entitled to three peremptory chal- 
lenges against jurors presented. 

15. Actions in a justice court are commenced by 
voluntary appearance of all the parties concerned or 
by notice. The notice must be signed by the plaintiff, 
his attorney, or the justice before whom the action is 
commenced. It is then delivered to the sheriff or any 
constable of the county to be served upon the defend- 
ant. The trial must be held within fifteen days from 
date of notice and the notice served at least five days 
before the trial day. The defendant in civil cases, may 
at any time; stop the proceedings by paying the 
amount of the claim with the costs that have accrued. 

16. Before the trial, if either party thinks he can 
not receive justice at the hands of the officer before 
whom the action is brought he may file an affidavit 
stating the fact and have the trial before another 
(nearest resident) justice. Or if one of the parties 
wants the justice as one of his witnesses he may have 
the place of trial changed. This is called a change of 
venue. 

17. When a boy or girl is convicted of crime in his 
court, the justice may send the offender to the district 



32 OUR STATE AND NATION 

judge (see paragraph I, chapter VII.) to be ordered 
to the reform school. He may solemnize marriages, 
bind over disorderly persons to keep the peace, and 
take acknowledgements of signatures to deeds, mort- 
gages and other papers. 

18. Each justice keeps a record of all his official 
acts. As he is a county officer his bond is kept in the 
office of the clerk of district court. All fees he receives 
in excess of a certain salary, which varies according to 
population of his township, he must turn over to the 
county treasurer. 

19. For the purpose of summoning jurors, sub- 
poenaing witnesses, serving notices on defendants, and 
in general waiting upon the justice's court, an officer 
called a Constable is elected. As there are two jus- 
tices elected in each township, so are there two con- 
stables. The latter are also county officers. They 
must serve all notices, warrants, and other processes 
lawfully directed to them by the trustees or clerk of 
any township, or by any court. They are peace offi- 
cers, and as such must suppress all disorder. Their 
compensation arises from fees and they must turn over 
to the county treasurer all they receive in excess of a 
certain salary, which depends upon the population of 
their township. 

19. An assessor, a clerk, two justices, two consta- 
bles and three trustees are elected at, each general 
election, each serving two years. The bonds of town- 
ship officers are deposited in the office of the county 
auditor. 

QUESTIONS. 

1. What relation exists between the trustees and 
clerk? 

2. Who constitutes the board of health? Of 
equalization? 

3. How do the duties of constables relate to clerk 
and trustees? 



TOWNSHIP OFFICERS 33 

4. What duties of clerk depend upon those of 
assessor? How? 

5. How do the duties of road superintendent de- 
pend upon those of clerk? 

6. What township officers are not required to give 
bonds? 

7. How are vacancies filled? 

8. If estray animals should die on the highway, 
who should remove them? 

9. What officers elected in the township are 
county officers? 

10. May the roads of a township be attended to 
without road superintendents? How? 

SUBPCENA. 

State of Iowa, ) 

) ss. 

County. ) 

To (name or names of parties subpoenaed.) 

In the name of the State of Iowa, you are required to ap- 
pear at the office of the undersigned, a Justice of the Peace, 

in and for the township of in said County, at 

o'clock, M., on the day of , 

19 , to testify in a suit wherein , Plaintiff, 

and , Defendant, for the 

(Plaintiff or Defendant.) 

Given under my hand this day of A. D., 

19 



Justice of the Peace. 

I hereby certify and return that the above came into my 

hands for service on the day of , 19 .... , 

and that on the day of , 19 , 

I personally served the same upon the within named 

(here insert names of parties) by reading said subpoena to 
(name or names of parties.) 



Constable. 
Constable Fees: 

Service $ 

Mileage $ 



$ 

Filed , 19. 



Justice of .Peace. 



CHAPTER V. 

CITIES AND TOWNS. 

i. We have examined the manner of attending to 
the public business in townships where the population 
is not crowded. Where the population is dense there 
will be more public business and more public needs. 
Regulations must be more numerous and greater care 
must be taken to protect the people against disease. 
Such conveniences as sidewalks, and if the town is 
large enough, water-works and electric lights may be 
provided. Thus a city or town should have a govern- 
ment independent of the township government. When 
a village is started and the people recognize that they 
should have a town government, twenty-five of the 
qualified electors of the community sign a petition ask- 
ing that their village be incorporated. The petition 
must contain an accurate plat of the land, correctly 
located, the proposed name of such city or town, and 
satisfactory proof of the residence of the petitioners 
within the territory embraced in the limits of the town. 
It must be presented to the district court of the proper 
county and the court at once appoints five commis- 
sioners, who call an election of the people of the pro- 
posed town by giving three weeks' notice. The com- 
missioners oversee and attend to the election. If a 
majority vote in favor of incorporation, and it is ap- 
proved by the court, the commissioners give two 
weeks' notice of an election, at which all the officers 
of the town are to be elected. When the officers are 
elected and the court has approved the election and re- 
corded it, and the clerk has sent one copy of the 
notice with proof that it has been published to the 
office of the recorder to be filed and one to the office 



CITIES AND TOWNS 35 

of the secretary of state at Des Moines, the incorpora- 
tion is complete. The town then has a right to make 
and enforce its own laws. It can levy additional taxes, 
enforce the building of sidewalks, and provide such 
other public conveniences as will best subserve the 
public interest. 

2. During the colonial period of our country's his- 
tory, several colonies were governed by special char- 
ters, which granted them, to some extent, the right of 
self-government. These charters were written docu- 
uments signed by the king and permitted special priv- 
ileges not allowed to other colonies. The charter of 
Connecticut allowed that colony to elect their own 
governor, while the king reserved the power to appoint 
the governor in most of the colonies. In the early 
history of our state, cities were governed in a similar 
manner. The cities of Keokuk, Glenwood, Cedar 
Rapids and Dubuque, are still governed by special 
charters granted them by the legislative power of our 
state before the adoption of the new constitution in 
1857. The new constitution forbids the granting of 
special charters to cities and towns. 

3. Cities of the first class are those having a pop- 
ulation of over 15,000; those of the second class have 
a population of » over 2,000, and incorporated towns of 
less than 2,000. They hold elections on the last 
Monday in March, biennially. 

4. The officers of an incorporated town consist of a 
council of five members, a mayor, clerk, treasurer, and 
assessor, all elected by the people. A majority of the 
council together with the mayor constitutes a quorum 
for the transaction of business. The mayoi clerk, 
treasurer, assessor and councilmen are elected for a 
term of two years. The mayor presides over all 
meetings of the council when present and has a vote 
on all questions coming before them. The clerk 
is secretary of the council and records their pro- 
ceedings, but has no vote. The council may pro- 
vide for the election of subordinate officers, define their 



36 OUR STATE AND NATION 

duties and fix their compensation. The mayor 
appoints a marshal, whose duties are similar to those 
of a constable, and the council appoints a street com- 
missioner. The council has power to fill vacancies in 
office. It is the law-making power, constitutes the 
board of health, must oversee the poor, and make such 
laws or ordinances as are best for the town and per- 
mitted by the statutes of the state. 

5. In cities of the second class the council consists 
of two members chosen from each ward. They serve 
two years. In cities of the first class the council con- 
sists of one member from each ward and two at 
large. Their term of office is two years. 

6. The officers elected in cities of first class are 
mayor, solicitor, treasurer, auditor, city engineer, as- 
sessor, and police judge where there is no superior 
court. In cities of second class they are mayor, solic- 
itor, treasurer and assessor. 

7. In cities the duties of the council are more 
numerous and extended than in incorporated towns. 
Cities of the first class are permitted to have different 
arrangements from those of the second class, and the 
larger cities enjoy a few special privileges not given 
to the smaller ones of the first class. Thus larger 
cities have all the powers of smaller ones and some 
additional powers. 

8. In general the council possesses all the legisla- 
tive powers granted a city or town; manages and 
controls the finances of the city; organizes fire com- 
panies; establishes a city watch or police; has care of 
all public property; controls and keeps in repair all 
streets, alleys and bridges; and has exclusive right 
(with some exceptions) to grant licenses for the estab- 
lishment of special industries that, according to the 
state laws, require license. It is the board of equaliza- 
tion of taxes for the city and it may take any special 
measures it deems proper for best administering to the 
poor or dealing with criminals. 



CITIES AND TOWNS 37 

9. The Mayor is elected for two years. He pre- 
sides at the meetings of the council and signs all com- 
missions, licenses, permits, and acts of the council 
which require his signature, but has no vote in cities 
except in cases of a tie. He has the right to veto acts 
of the council under certain restrictions. As chief 
executive officer of the city, it is his duty to see that all 
ordinances and regulations of the council are enforced. 
He should see that all disorder and riots are suppressed 
and perform all duties the council may require of him. 
He has charge of the corporate seal of the city. The 
seal is generally affixed to all orders, certificates and 
permits. The state law requires it to be affixed to all 
transfers of real. estate disposed of by the town. 

10. He also acts as justice of the peace. He may 
solemnize marriages, arrest persons fleeing from jus- 
tice, consent to the adoption of a child, and surrender 
a boy or girl to the home of the friendless. . He looks 
after the conduct of city officers, and causes violations 
and neglect of duty to be corrected or reported for 
punishment. 

11. The City Assessor has the same duties as the 
township assessor. In large cities the assessor is 
allowed to appoint assistants. His term of office is 
two years. 

12. The Marshal is appointed by the mayor. His 
duties in cities are about the same as in incorporated 
towns. He is the head of the police department and 
attends upon the sittings of the mayor's and police 
courts. 

13. The Treasurer receives and keeps all money 
belonging to the town or city, and pays it out only on 
orders from the proper authorities. 

14. The Clerk or recorder has charge of all public 
records, documents, ordinances, resolutions, and orders 
of the council. He keeps a record of all the proceed- 
ings of the council and draws warrants upon the treas- 
urer only on their vote. 



38 OUR STATE AND NATION 

15 He notifies the treasurer of the number 
and amount of all warrants drawn on him. 

OTHER CITY OFFICERS OF LARGER CITIES. 

16. Cities of the first class elect a city auditor, who 
has general charge of the finances of the city, audits 
all accounts and performs such other duties as the 
council may require of him. Cities also elect a police 
judge if there is no superior court, who has the same 
powers as a justice of the peace in all criminal cases. 

17. The City Engineer has general oversight of 
grading the streets, laying of drains, etc. 

18. The Solicitor is the city's lawyer. He is elected 
for two years. 

19. Street Commissioners and Weighmasters are 
appointed by the council, or elected by the people. 

City officers give such bonds as the council may 
require. 

20. For convenience it is found best for large 
cities to have courts of their own for the trial of cases 
above the jurisdiction of a justice, so that the district 
court of the county may not be crowded. Accord- 
ingly, cities having a population of over 5,000 may 
establish a superior court if a majority vote in favor of 
it. The judge of this court is elected for four years, 
and after his election must receive a commission from 
the governor of the state empowering him to act as 
judge. He gives a bond to the state of Iowa in the 
sum of four thousand dollars which must be filed with 
and approved by the mayor. His salary is two thou- 
sand dollars per year. He must be a practicing attor- 
ney in order to be eligible to the office. 

21. We have seen that in cities and towns there 
is the council that makes the laws. There is the 
mayor who enforces the laws ; for example, when the 
council has ordered a sidewalk made and the persons 
owning the property adjoining the proposed sidewalk 
neglect to obey, the mayor may have the walk built 
and the amount charged to the owner. Then if the 



CITIES AND TOWNS 39 

owner neglects to pay it, the expense of the walk be- 
comes a lien on the property and the owner cannot 
sell it and give a clear title to the property until the 
lien is paid. 

22. There are the justice courts, the police court 
judge and superior court where offenses against the 
law may be tried. The clerk or recorder, treasurer, 
marshal, assessor, superintendent of markets, weigh- 
master, city engineer, and street commissioner belong 
to the list with the mayor, for in attending to their 
duties they are executing the laws. 

23. The law-making power is called the legislative 
department, the law-enforcing power, the executive 
department and the power which tries cases and 
decides whether or not any law has been violated is 
called the judicial department. 

' 24. In city government we find these departments 
more nearly separated than in the township govern- 
ment. However, we find the mayor is a judicial officer 
as well as executive, as he has the same power as a 
justice of the peace. The council has some executive 
powers, as it appoints some of the executive officers 
and may remove any officer for neglect of duty. If 
any officer is accused of neglect of duty the council 
may give his case a hearing. In such instance 
they exercise judicial power. The township trustees 
exercise all three powers to some extent as do school 
boards. 

25. Cities having a population of 7,000 or over, 
including any city acting under a special charter, may 
organize under the commission form of government. 
Cities thus organized nominate their candidates for 
mayor and councilmen at a primary election held on 
the second Monday preceeding the general municipal 
election. The two candidates receiving the highest 
number of votes for mayor shall be the candidates 
and the only candidates whose names shall be placed 
upon the ballot for mayor at the next succeeding gen- 
eral municipal election. In cities having a popula- 
tion of 7,000 and less than 25,000, the four candidates 



40 OUR STATE AND NATION 

receiving the highest number of votes for council- 
man, or all such candidates if less than four, shall be 
the candidates and the only candidates whose names 
shall be placed upon the ballot for councilmen; in 
cities having a population of 25,000 or over the eight 
candidates receiving the highest number of votes for 
councilman, or all such candidates if less than eight, 
shall be the candidates and the only candidates whose 
names shall be placed upon the ballot for councilmen. 
Qualifications for an elector, election precincts, 
method of conducting election, canvassing the vote 
and announcing the results are the same as in cities 
of the first and second class not having this form of 
government. Cities having a population of 25,000 
and over shall be governed by a Council consisting of 
the mayor and four councilmen, three councilmen 
constituting a quorum, and cities having a population 
of 7,000 and less than 25,000, shall be governed by a 
council consisting of the mayor and two councilmen, 
two councilmen required to constitute a quorum. This 
council exercises all the executive legislative and ju- 
dicial powers and duties possessed and exercised by 
the mayor, city council, solicitor, assessor, treasurer, 
auditor, city engineer and other executive and admin- 
istrative officers in cities of the first and second class 
organized under former plan of government. This 
form of government is generally known as the Des 
Moines Plan, and is highly commended. 

QUESTIONS. 

1. Explain why a city should have a different 
government from a township. 

2. Tell how a village may be incorporated. 

3. Define first class city, second class city, incor- 
porated town. 

4. Who makes the laws of a city? 

5. What officer sees that the laws are enforced? 

6. Name the officers who execute the public 
business. 

7. Give the principal duties of each. 



CITIES AND TOWNS 41 

8. What officers have power to try offences 
against the laws of a city? 

9. To what extent does a police judge have 
jurisdiction? 

10. How is a superior court established? Why is 
it needed? What must the judge do before he enters 
upon his duties? 

11. Give a list of the general duties of a council. 

12. How many councilmen in cities of the first 
class, second class, incorporated towns? 

13. In which does the council have the greatest 
power ? 

14. Why are not salaries of city officials fixed by 
law? 

15. Can you show why it is best for a city to build 
scales and appoint weighmasters to weigh produce 
brought to the city? 

16. What is the date of city elections? 

17. What officers besides members of the council 
are elected in cities of first class, in cities of second 
class, in incorporated towns? 

18. Name the three departments of government. 

19. Define each. 

20. When does a mayor exercise judicial power? 
Executive power? 

21 What powers of township trustees are exec- 
utive? Which judicial? Which legislative? 

22. Name the officers of a township whose duties 
are executive. 

23. Name those whose powers are judicial. 

24. Describe commission form of government. 



CHAPTER VI. 
COUNTY GOVERNMENT. 






i. It would be expensive for each township to 
establish a poor-house or to have an officer for the 
purpose of keeping a record of the lands and who 
owned them so that a land owner could prove his title 
to his land. A township could ill afford to hold a 
court for the trial of cases that are beyond the juris- 
diction of a justice; and as it would be very incon- 
venient for a township to attend to this and other local 
public business, it is found to be much to their advan- 
tage for several townships to unite for this purpose 
This gives us the division called the county. 

2. Iowa is divided into ninety-nine counties, the 
average size of each is about twenty-four miles square; 
thus comprising sixteen townships. Some counties 
are larger and some smaller. The largest contains 
twenty-eight and the smallest about ten or eleven con- 
gressional townships. Our state constitution forbids 
the formation of new counties containing less than four 
hundred thirty-two square miles except those along 
the northern boundary of the state. 

3. Each county has county officers who look after 
the general business and are to the county much as 
the trustees are to the township. They constitute the 
board of supervisors. 

4. We have learned that the township clerk is 
clerk of the board of trustees and also treasurer of the 
township. These duties and others occupy but a por- 
tion of his time, but the same duties extended to the 
larger county government, together with some addi- 
tional, are so extensive that they must be divided 
among several officers, the auditor, the treasurer and 



COUNTY GOVERNMENT 43 

recorder. There are no county officers corresponding 
to assessor and road-supervisors. The duties corres- 
ponding to those of justice of the peace are divided 
between the clerk and judges of the district court. 
The sheriff is the county constable. 

5. The Board of Supervisors make such orders 
concerning the property of the county as they deem 
expedient; examine and settle all accounts of receipts 
and expenditures and allow all just claims against the 
county, unless otherwise provided foi by law; build, 
insure, and keep in repair the necessary buildings for 
the use of the county and courts. If there are no 
county buildings they may secure suitable rooms for 
county purposes. They may organize townships, 
make and change their boundaries and names ; grant 
licenses for keeping ferries in their county as provided 
by law; purchase real estate for the use of the county 
or sell property in their charge; require any county 
officer to make a report, under oath, to them on any 
subject connected with the duties of his office and 
require any such officer to give such bonds as shall be 
reasonable or necessary for the faithful performance 
of his several duties. They have power to fill vacan- 
cies in county offices. 

6. They represent their county and have charge of 
the business of the county in all cases where no other 
provision is made; manage and control the school 
fund ; fix compensation of county and township offi- 
cers not otherwise provided for by law ; establish, alter 
or discontinue a county highway ; provide for the erec- 
tion of all large bridges which may be necessary, and 
keep them in repair; determine what bounties in ad- 
dition to those already provided for by law, if any, 
shall be offered on the scalps of such wild animals 
taken and killed within their county, as they may deem 
it expendient to exterminate. Xo such bounty shall 
exceed five dollars. 

7. They exercise all powers in relation to the poor 
given by law to county authorities ; canvass the returns 



44 OUR STATE AND NATION 

of county elections ; equalize the assessments of the 
townships ; and submit to the people questions of erect- 
ing buildings or bridges costing over $5,000, of chang- 
ing the location of the county seat, of whether animals 
shall run at large, and of whether a higher rate of tax 
than that allowed by law shall be levied. 

8. They levy taxes; provide ballot boxes and 
booths for each voting precinct; and furnish justices 
of the peace with dockets. 

9. The board of supervisors generally consists of 
three members, but may consist of five or seven as the 
people desire. They are elected for a term of three 
years, a part being elected at each general election. 
To meet the conditions of the biennial election law, 
a part of the terms do not begin until the second Jan- 
uary after election. Their regular annual meetings 
are on the first Mondays of January, April, June, Sep- 
tember and the first Monday after a general election. 

10. They receive four dollars per day when en- 
gaged in session business and three dollars per day 
while engaged in committee business ; also five cents 
for each mile traveled in going to and returning from 
their work. 

In counties where there is a uniformity of text- 
books, the board of supervisors, together with the 
county superintendent and the county auditor, consti- 
tute the county board of education. 

11. The County Auditor is clerk of the board of 
supervisors. He keeps a record of their proceedings 
and furnishes it to newspapers for publication. He 
may fix date and give notice of special meetings of the 
supervisors when requested by a majority of the board. 
He has general custody of the court house. If an as- 
sessor of any township fails to take the census when 
required, he appoints some one to do it. When a new 
township is organized he issues a warrant for an elec- 
tion therein. He furnishes poll-books for election pre- 
cincts; election returns are made to him and he gives 
notice to contestants who have received the highest 



COUNTY GOVERNMENT 45 

equal number of votes for the same office, to meet at 
his office on a certain day to decide the case by lot. 
He issues certificates of election to county officers and 
keeps their bonds. His own bond, however, is kept 
by the treasurer. At any trial of contested elections 
he is clerk of the court, which is comprised of the 
chairman of the board of supervisors and two persons 
one of whom each contestant selects. When a vacancy 
occurs in the office of justice or constable, he notifies 
the township clerk and approves the bonds of officers 
appointed to fill the vacancy. Resignations of county 
and township officers are made to him. He makes 
out he tax list of the county; attends tax-sales and 
keeps a record of them ; enters poll-taxes not paid in 
labor or money on the tax list to be collected by the 
treasurer; and apportions the school tax and school 
fund to the various districts. 

12. Every transfer of real estate in the county is 
recorded in his office in a transfer book and the names 
of owners are entered on a plat book, so that in his 
office anyone may find who is the owner of any piece 
of land in the county. 

13. He draws all warrants on the county treasury, 
under orders of the board of supervisors, except jury 
fees to which the supervisors do not certify. In Jan- 
uary each year he publishes a report of the financial 
business of the county. 

14. County Auditors receive compensation vary- 
ing from twelve to fourteen hundred dollars per annum 
depending on the population. Where it is more than 
twenty-five thousand, the board of supervisors may 
allow such additional compensation to the auditor, 
deputy or clerks as they may deem reasonable. 

15. The County Treasurer has charge of all the 
money belonging to the county and pays it out only on 
warrants signed by the auditor and sealed with his seal. 
He keeps a true account of the receipts and disburse- 
ments. 



46 OUR STATE AND NATION 

All taxes must be paid to him. Taxes are due on 
the thirty-first day of December following the levy, 
but if half is paid before April I the remainder may be 
left unpaid until the first of October. If unpaid, taxes 
are delinquent and the property must be sold by the 
treasurer after the proper notice has been given. When 
land is sold a certificate is given the purchaser which is 
a lien on the land. 

As he receives all the taxes of the county, the town- 
ship clerks and treasurers of school boards call on him 
at stated times, as provided by law, for amounts due 
them. He makes monthly statements to the county 
auditor and also to the state auditor, and pays into the 
state treasury on or before the fifteenth of each month 
all money belonging to the state that was in his pos- 
session on the last day of the preceding month. 

He shall with the approval of the board of super- 
visors as to place of deposit, deposit such funds in 
any bank or banks in the State to an amount fixed by 
resolution, at interest at the rate of at least two per 
cent per annum on ninety per cent of the daily bal- 
ances payable at the end of each month. Such banks 
shall file a bond. in double the amount deposited, con- 
ditioned to hold the treasurer harmless from all loss 
by reason of such deposit or deposits. 

Fifty thousand dollars is the average bond required 
of county treasurers throughout the state. The min- 
imum bond is five thousand dollars. 

16. The County Recorder must keep his office at 

the county seat as do all county officers who devote 
their full time to the duties of their offices. He records, 
carefully and promptly, all instruments in writing 
which may be delivered to him for record, in the man- 
ner directed by law. Such instruments are deeds, 
mortgages, articles of incorporation, evidence of titles 
of land held under grants, certificates of physicians, 
and certificates of farm names. 

He records no deeds for land until the same have 
been entered on the transfer-book of the auditor. The 



COUNTY GOVERNMENT 47 

records in his office show who received the original 
deeds or patents for land in his county, from the gov- 
ernment and all the changes in ownership from the 
original entry down to the present time. 

17. For recording each instrument of four hun- 
dred words, he receives a fee of fifty cents, and for 
every one hundred additional words or fraction thereof, 
ten cents. This fee is deposited quarterly with the 
county treasurer. He may have one cr more deputies 
as the board of supervisors may direct. A fee for 
recording a deed to real estate, is seventy-five cents, 
but twenty-five cents of this is paid to the county aud- 
itor for entering the land for taxation in the name of 
the purchaser. The salary is twelve hundred dollars 
a year in counties having a population of less than 
twenty-five thousand, and increases according to pop- 
ulation of county. 

18. We have learned that in every county there is 
a higher court in which cases are tried that' are beyond 
the jurisdiction of the justices. This court meets at 
least four times per year and every county has an offi- 
cer called the Clerk of the District Court, who keeps a 
record of its proceedings. 

19. He issues license for marriage and keeps a 
record of marriages, births, and divorces in his county, 
which he sends to the secretary of the state board of 
health. When court is not in session he appoints guar- 
dians, administrators and executors. Anyone having a 
will in custody* should file it as soon as he hears of 
the death of the testator. ** The clerk then opens and 
reads the will and appoints a day for proving*** or 
probating it. 

20. Bonds of justices of the peace are kept in his 
office. His compensation cannot be over eleven hun- 
dred dollars per year unless the population exceeds ten 



*Having charge of the will while the testator lives. 
**The one who makes the will. 
***Hearing evidence concerning the validity of the will. 



48 OUR STATE AND NATION 

thousand. His salary varies as the population, but 
cannot be more than thirty-three hundred dollars per 
year. 

The board of supervisors may, in addition to the 
salary, allow the clerk out of the probate fees an addi- 
tional compensation not exceeding three hundred 
dollars. 

21. The clerk, with the consent of the board of 
supervisors, may appoint a deputy to aid him in the 
transaction of his business. The maximum salary is 
determined by law and varies according to the popu- 
lation of the county. 

22. We have learned that the constable waits upon 
the justice court, subpoenaing witnesses and jurors. 
In the same way the Sheriff waits upon the district 
court. He may also attend a justice court and perform 
the duties of a constable. When any warrant for an 
arrest is committed to him he must make the arrest 
and must execute any other legal process committed to 
him. He has charge of the jail of his county and the 
prisoners. He must appoint at least one deputy who 
is paid by him out of his salary. In extreme cases the 
sheriff may call out the militia. 

23. In executing bill of sale on foreclosure of chat- 
tel mortgage or to satisfy judgment of court the sheriff 
must seize and sell property, but in any such sale he 
cannot buy the property. He executes judgments of 
the district court. If it sentences a criminal to the 
state prison he conveys the prisoner thereto, and when 
a death sentence is pronounced by the court the sheriff 
must execute the prisoner. 

24. He must give notice of any general election by 
publishing the governor's proclamation ten days prior 
thereto. In taking private property for public use, in 
case the parties disagree as to just amount of damages, 
he may appoint a jury to assess the same. When a 
jury is deliberating upon a case he must supply them 
with food, as the judge may direct. 



COUNTY GOVERNMENT 49 

25. The sheriff receives an annual salary which 
varies from fifteen to thirty-five hundred dollars ac- 
cording to the population of the county. He is al- 
lowed the expenses necessarily incurred while engaged 
in the performance of official duties in serving criminal 
cases, and is allowed to retain all mileage collected by 
him in the service of civil process. 

26. The County Superintendent has general over- 
sight of the schools of the county, and four times a 
year under the direction of the state board of exam- 
iners, is required to hold examinations for those who 
desire to teach. He is judge as to whom he shall ad- 
mit to the examination and determines the standing of 
the candidates in didactics and oral reading. The 
marking of the papers in the other subjects is under 
the control of the state board of examiners and all cer- 
tificates are issued by them. When in the judgment 
of the county superintendent there is sufficient grounds 
for so doing he may revoke a certificate. His decision, 
however, is subject to review by the state superin- 
tendent. 

27. The other duties of this officer are many and 
varied. He is required to spend at least one-fourth 
of a day each year in each school of his county. He 
approves plans for new school buildings ; gives advice 
to school officers and teachers for the conducting of 
their schools ; holds an annual institute and such other 
educational meetings as he thinks necessary for the 
instruction and inspiration of teachers. Each year he 
makes an extensive report to the state superintendent 
containing information and statistics relative to the 
schools of his county gathered from the reports of the 
school officers and teachers. Persons aggrieved at the 
action of a school board may appeal to the county 
superintendent. From his decision an appeal may be 
taken to the state superintendent. 

28. This officer receives a compensation of twelve 
hundred fifty dollars per year and such further sum as 

.the board of supervisors may allow. When attending 



50 OUR STATE AND NATION 

meetings called by the state superintendent, his ex- 
penses are paid, and when attending educational meet- 
ings or visiting schools in his own county, his 
necessary expenses are allowed not to exceed twenty 
dollars each month. 

29. The County Attorney is the county's lawyer 
and must prosecute offenders of the law, give advice 
to county officials in matters pertaining to their official 
duties, attend the grand jury and give them advice in 
any legal matter. His compensation cannot be less 
than nine hundred nor more than seventeen hundred 
and fifty dollars (if court is held in two places in the 
county, it may be two hundred and fifty dollars more), 
according to the population of the county and the 
liberality of the board of supervisors. 

30. The principal duty of the Coroner is to hold 
inquests over the bodies of persons who die in an 
unusual manner. He may impanel a jury and has 
power to summon witnesses and compel them to give 
testimony. He may also call one or more physicians 
to assist in the examination. He keeps a record of the 
evidence and the conclusion of the jury, which is 
returned to the district court with a list of the wit- 
nesses. If during the progress of the examination it 
appears that a crime has been committed the coroner 
may have the person or persons of whom he has sus- 
picion arrested. 

31. If the office of sheriff becomes vacant or in 
cases where the sheriff is personally interested or 
prejudiced, the coroner performs the duty of that offi- 
cer. He receives five dollars for holding and returning 
an inquest, three dollars for viewing a body without 
holding an inquest, and five cents per mile for every 
mile traveled in going to and returning from an exam- 
ination or inquest; for issuing a subpoena, warrant or 
order for a jury, twenty-five cents. These fees are 
paid out of the county treasury, when they cannot be 
obtained from the estate of the deceased. 



COUNTY GOVERNMENT 51 

32. The treasurer, auditor, clerk of the district 
court, recorder, sheriff and superintendent are provided 
with offices and all necessary office expenses are paid. 

33. The code of our state allows women to serve 
as superintendents and recorders, and as the latter 
may serve as auditor or treasurer, the question of 
whether or not women can lawfully serve in these 
offices might arise. 

34. If the people of a small county should wish to 
curtail expenses, and the duties of treasurer and recor- 
der were not too heavy for one office, they would have 
the right to elect one man to both positions. They 
could also elect one person to the positions of auditor 
and clerk of the district court. 

35. The Commissioners of Insanity are three in 

number in each county. The clerk of the district court 
is one and the judge appoints the other two, one of 
whom must be a lawyer and one a physician. They 
have general oversight of the insane in public charge 
in the county, and of application for admission to the 
insane hospitals of the state. 

3b. All county officers are elected for a term of 
two years at the general county elections, and are re- 
quired to give bonds in such sums as the law provides 
or the county board of supervisors may determine. 

37. Removal from Office. Any county attorney, 
sheriff, member of the board of supervisors, mayor, 
police officer, marshal or constable may be removed 
from office by the district court or judge upon charges 
made in writing and hearing thereunder for the fol- 
lowing causes : Wilful or habitual neglect or refusal 
to perform the duties of his office, for wilful miscon- 
duct or maladministration in office, for corruption, for 
extortion, upon conviction of a felony, for intoxication 
or upon conviction of being intoxicated. 



52 OUR STATE AND NATION 

STATE OF IOWA. 

CERTIFICATE OF ELECTION. 



. County. 



At an election holden in said county on the of 

A. D., 19 , was elected to the office 

of for said county for the term of years 

from the day of A. D., 19 , and until his 

successor is elected and qualified. 

Given this day of A. D., 19 



President Board of Canvassers. 
Attest: 

Auditor. 



Seal of 
Board of 
Supervisors 



COUNTY GOVERNMENT. 
OFFICIAL BOND. 

Know all men by these presents: That we, A. B., principal, 

and C. D. and E. F., sureties, are held and firmly 

bound, unto the State of Iowa, for the use and benefit of the 

county of in the penal sum of dollars, for 

the payment of which we bind ourselves, our heirs, execu- 
tors and administrators. 

The condition of the above obligation is: — That whereas, 

the above bounden A. B. has been elected in and 

for said county. 

Now, if the said A. B. shall render a true account of his 
office and the doings therein, to the proper authority, when 
required thereby or by law; and shall promptly pay over to the 
person or officer entitled thereto, all money which may come 
into his hands by virtue of his said office; and shall faith- 
fully account for all balances of money remaining in his hands 
at the termination of his office; and shall hereafter exercise all 
reasonable diligence and care in the preservation and lawful 
disposal of all money, books, papers and sureties or other prop- 
erty appertaining to his said office, and deliver them to his 
successor, or to any person authorized to receive the same; 
and if he shall faithfully and impartially, without fear, favor, 
fraud or oppression, discharge all other duties now or here- 
after required of his office by law, and the sureties on such 
oond shall be liable for all money or public property that 



COUNTY GOVERNMENT 53 

may come into the hands of such officer at any time during 
his possession of such office, then this bond to be void, other- 
wise in full force. 

Signed this day of ,19 A. B. 

C. D. 

E. F. 



I, C. D., do solemnly swear that I am a resident of the 
State of Iowa; that I have property therein to the value of 
dollars, over and above my debts, liabilities and ex- 
emptions. 

C. D. 

Subscribed and sworn to before me this day of 

A. D., 19.... 



Notary Public. 



I, E. F., do solemnly swear that I am a resident of the 
State of Iowa; that I have property therein to the value of 
dollars, over and above my debts, liabilities and ex- 
emptions. 

E. F. 

Subscribed and sworn to before me this day of 

A. D., 19.... 



Notary Public. 



QUESTIONS. 



i. Give some reasons why it is best to have the 
division of the county. 

2. What is the size of counties? 

3. What constitutes the legislative power of a 
county? 

4. Give some of the principal duties of this body; 
its compensation. 

5. Give the principal duties of auditor. 

6. Give the principal duties of treasurer. 

7. What is the compensation of auditor? Of 
treasurer? 

8. Who canvasses the county election returns? 

9. Give principal duties of recorder. 

10. Give principal duties of clerk of district court. 

11. What compensation do the clerk and recorder 
receive? 



54 OUR STATE AND NATION 

12. Give the principal duties of sheriff. What is 
his compensation? Who may act in his stead in case 
of his disability or a vacancy in his office? 

13. What are the chief duties of the superintend- 
ent? What is his compensation? 

14. What are the chief duties of the county attor- 
ney? His compensation? 

15. What are the duties of the coroner? When 
are his fees paid by the county? 

16. What are the duties of the commissioners of 
insanity? 

17. How and when may a county officer be 
removed? 

18. With whom are resignations filed? Give rea- 
sons why it is best for resignations to be filed with this 
officer? 

19. Who changes the names and boundaries of 
townships? 

20. May a person fill two offices of a county? In 
what instances? 

2 j. To which offices are women eligible? 

22. Which officers are provided with offices, lights 
and fuel? 

23. What officers elected by townships are county 
officers? 

24. Where must a physician have his certificate 
recorded? 

25. What is probating a will? Who is the 
testator? 

26. What is a tax sale? What officer makes such 
sales? 

27. What reasons can you give that county officers 
except supervisors should give bonds? What reasons 
are there that supervisors should not give bonds? 

28. What duty of a township clerk in newly set- 
tled districts correspond to those of a county recorder? 

29. Write a certificate of election of a county 
officer. 



CHAPTER VII. 

THE DISTRICT COURT. 

i. In the chapter on county government we 
learned that the district court was held at least four 
times a year at the county seat, but there is no county 
officer whose duty it is to preside over this court. For 
the purpose of electing judges to preside over the dis- 
trict courts our state is divided into twenty divisions, 
called judicial districts. They vary much in size. 
Polk county is one district, so is Dubuque county, 
while some districts contain eight counties. There are 
while some districts contain eight counties. There is 
one district that elects one judge, while some elect 
five. By this arrangement, each county does not bear 
the whole expense of a judge's salary* 

2. There are fifty-six district judges** in the state. 
They arrange the time for holding court in the different 
counties. Cases tried in this court are usually decided 
by a jury of twelve men, the judge determining the 
sentence.*** The jurors are electors of the county 
chosen as follows: 

3. The county auditor notifies the judges of elec- 
tion in every voting precinct, of the number of names 
that should be sent in from that precinct. The number 
is apportioned according to the number of votes cast at 
the next preceding general election. The judges make 
out two lists. The names on one of these lists, when 
returned from all the precincts, number one hundred 
and fifty. The other list numbers one-fourth of the 
qualified electors in the county. 



^Thirty-five hundred dollars per year. Term of office four 
years. 

**Other duties of the district judge: He may order ju- 
venile offenders to be sent to the Reform School; appoint 
guardians, executors, administrators and also commissioners 
to attend to incorporation of towns; and solemnize marri- 
ages. 

***Sometimes the judge suspends sentence in criminal 
cases, and then the person convicted is allowed to have his 
liberty during the period of his good behavior. 



56 OUR STATE AND NATION 

4. The grand jurors are selected from the smaller 
list, the trial jurors from the other. The former are 
chosen for one year, the latter for one term of court 
only. 

5. A third list of names equal to 30% of the qual- 
ified electors voting at the last general election, is 
made from names of persons residing in or near the 
town or city in which the court is held. This is the 
talesman list from which jurors are drawn when, 
from any cause, the regular panel is exhausted. 

6. The auditor writes each of the names on a slip 
of paper and keeps the names of each list in a separate 
box. At least twenty days before a term of court, the 
clerk of the district court, the auditor and recorder 
draw, from the large list, a sufficient number to fill the 
panel of the petit or trial jury. The number drawn 
may vary from fifteen to twenty-four. Those serving 
one year are not compelled to serve the next year. 

7. Any voter of good moral character and sound 
judgment, who has the senses of hearing and seeing:, 
and can speak, read and write the English language, is 
competent to act as a juror . A person sixty-five years of 
age, or a teacher, instructor or professor in any institu- 
tion of learning, an officer of the state or of the United 
States, a physician, registered pharmacist, active mem- 
ber of a fire company, clergyman or attorney, is privi- 
leged from serving as a juror unless he chooses to do 
so. A person having bodily infirmity or one consci- 
entiously opposed to serving as a juror is also exempt. 
A juror may be excused from serving as such if there 
is sickness or a death in the family, or if his own inter- 
ests or those of the public would be greatly injured by 
his attendance. 

8. When anyone lawfully chosen as juror fails to 
appear and does not give sufficient reason for such 
failure, he may be fined not to exceed fifty dollars, and 
if he disregards the fine, he may be imprisoned. 



THE DISTRICT COURT 57 

9. The grand jurors, twelve in number, serve one 
year, beginning with the term of court following the 
first day of January. They are chosen in the same 
way as the petit jurors. Only seven constitute the 
jury but all are expected to appear at the beginning oi 
each term of court. 

10. It is the business of this jury to bring accusa- 
tions against offenders of the law which are called in- 
dictments. Anyone wishing to bring an offender to 
justice, should appear before the jury and present the 
case, and it would be the duty of the jury to investigate 
the offense. If they decide that the person accused 
should be tried they find an indictment* against him. 
Then the case w T ill appear in court when its turn comes. 
It is the duty of each grand juror to report any offense 
of which he may know and have it brought before the 
jury. 

11. It is the special duty of the grand jury to ex- 
amine into the following: 

12. The case of every person imprisoned in the 
jail on a criminal charge and not indicted; the condi- 
tion and management of the public prisons within the 
county; willful and corrupt misconduct in office of all 
county officers; the obstruction of highways. 

13. The judge appoints one member foreman, 
whose duty is to preside during the deliberations of 
the jury and administer oath to all witnesses examined. 
The jury appoints a clerk who keeps account of the 
proceedings. The clerk of the district court issues 
subpoenas when so directed. 

14. The jury is entitled at all reasonable times to 
examine the county jail and all the public records 
within the county. They may ask advice of the judge 
or county attorney, and may have the latter present to 
examine witnesses when they deem it necessary. 



*Pive of the seven must vote for indictment in order to 
indict. If the members of the jury are challenged and there 
are, from any cause, less than seven of the twelve who can 
act on any case, then others are drawn from the grand jury 
list and summoned to act on that case. 



58 OUR STATE AND NATION 

(See appendix of this chapter for form of indict- 
ment.) 

15. Every indictment must be endorsed "a true 
bill" and signed by the foreman. The endorsement 
must contain the names of the witnesses and the testi- 
mony of the witnesses should accompany the 
indictment. 

16. At the beginning of a suit in court the clerk 
selects by lot the requisite number of trial jurors from 
those who make up the panel. Either party of the suit 
may object to any juror. This is called challenging. 
As a jury is made up from the same county in which 
the difficulty has arisen, it is possible that there may 
be some jurymen who are prejudiced, and it is just that 
the parties be allowed to challenge such jurors. 

17. Challenges are of two kinds: "For cause," 
that is, that in some way the juryman is disqualified 
from serving; or "peremptory," in which no reason is 
given for the objections. A party cannot make more 
than five peremptory challenges in civil cases. In 
criminal cases the number varies with the degree of 
the crime, but in no case are more than ten allowed. 

18. Challenges for cause must first be made, and 
if the judge allows it, the challenged juror is excused. 
After challenges of this kind have been exhausted or 
refused by the judge, peremptory challenges may be 
made alternately by plaintiff and defendant, the plain- 
tiff having first privilege. Jurors are always excused on 
challenges of this kind. 

19. After challenges have been exhausted and the 
jury box filled, the jurymen are sworn and the wit- 
nesses are examined in regular order until the trial is 
completed. The arguments of the lawyers are next 
heard. The judge instructs the jurors as to the law, 
and places them under a sworn officer, called the bail- 
iff. They then retire for deliberation and must either 
agree or disagree upon a verdict; this is reported to the 
court. If during the progress of the trial the jurors 
separate it is their duty not to enter into conversation 
with any other person about the suit. 



THE DISTRICT COURT 59 

DEPOSITIONS AND AFFIDAVITS. 

20. An affidavit is a statement made in writing 
and sworn to before some competent officer (justice of 
the peace, notary public, etc). 

21. A deposition is about the same, but the oppos- 
ing party is notified and may be present and cross- 
question the witness who is giving the testimony. 

22. Sometimes it is inconvenient or impossible for 
a witness to attend court; he may be sick or too far 
away, perhaps in another state. In such cases a dep- 
osition may be taken and the testimony presented at 
the trial. 

QUESTIONS. 

i. Why are judicial districts desirable? 

2. How many districts are there? How many 
judges? Their salary? Term of office? 

3. How many compose a jury? 

4. Describe the method of selecting jurors. 

5. What is the duty of the petit jury? Of the 
grand jury? How long do members of each serve? 

6. Who may be jurors? Who are excused? For 
what causes may a judge excuse a juror? 

7. What is the penalty for neglect of duty as a 
juror? 

8. Who may constitute the grand jury? 

9. What is an indictment? What are some special 
duties of the grand jury? 

10. Write a form of an indictment. (See close of 
this chapter.) 

11. Give orders of proceedings in a trial. 

12. Define the two classes of challenges. 

13. How may evidence of an absent witness be 
presented in court? 

- 14. Give duties of the foreman of a grand jury. 
15. In which judicial district do you live? What 
counties in your district? How many judges does 
your district have? (See close of chapter.) 



60 OUR STATE AND NATION 

APPENDIX TO CHAPTER VI. 

FORM OF INDICTMENT. 

District Court of County of 

State of Iowa against A. B. — 

The grand jury of the county of , in the name and 

by the authority of the State of Iowa, accuse A. B. of the 
crime of (here insert name or description of crime) com- 
mitted as follows: 

The said A. B. on the day of A. D. 19. ., 

in the county as aforesaid (here insert act constituting the 
offense). 

County Attorney. 

of County, Judicial District. 

Every indictment must be endorsed "a true bill" and 
signed by the foreman of the jury. The endorsement must 
contain the names of the witness and their testimony should 
also accompany the indictment. 

Judicial Districts of Iowa. 

First — Lee. Two judges. 

Second — Appanoose, Davis, Jefferson, Lucas, Monroe, Van 

Buren and Wapello. Four judges. 
Third — Adams, Clarke, Decatur, Ringgold, Taylor, Union and 

Wayne. Two judges. 
Fourth — Cherokee, Harrison, Lyon, Monona, O'Brien, Osceola, 

Plymouth, Sioux and Woodbury. Four judges. 
Fifth — Adair, Dallas, Guthrie, Madison, Marion and Warren. 

Three judges. 
Sixth — Jasper, Keokuk, Mahaska, Poweshiek and Washington. 

Three judges. 
Seventh — Clinton, Jackson, Muscatine and Scott. Five judges. 
Eighth — Johnson and Iowa. One judge. 
Ninth — Polk. Five judges. 
Tenth — Black Hawk, Delaware, Buchanan and Grundy. Two 

judges. 
Eleventh — Boone, Franklin, Hamilton, Hardin, Story, Webster 

and Wright. Three judges. 
Twelfth — Butler, Bremer, Cerro Gordo, Floyd, Hancock, 

Mitchell, Winnebago and Worth. Three judges. 
Thirteenth — Allamakee, Clayton, Chickasaw, Fayette, Howard 

and Winneshiek. Two judges. 
Fourteenth — Buena Vista, Clay, Dickinson, Emmet, Humboldt, 

Kossuth, Palo Alto, and Pocahontas. Two judges. 
Fifteenth — Audubon, Cass, Fremont, Mills, Montgomery, Page, 

Pottawattamie and Shelby. Four judges. 
Sixteenth — Calhoun, Carroll, Crawford, Greene, Ida and Sac. 

Two judges. 
Seventeenth — Benton, Marshall and Tama. Two judges. 
Eighteenth — Cedar, Jones and Linn. Three judges. 
Nineteenth — Dubuque. Two judges. 
Tw( ntioth — Des Moines, Henry and Louisa. Two judges. 



CHAPTER VIII. 

THE STATE GOVERNMENT— LEGISLATIVE 
DEPARTMENT. 

i. The school board, to some extent, makes laws 
for the school district, the trustees for the township, 
the council for the city or town, and the board of super- 
visors for the county. In the state, the legislative, 
judicial and executive departments are more strictly 
separated than in the county or city or town. 

2. The legislative power of the state is vested in 
the legislature, which is composed of two branches, 
the senate and the house of representatives. This 
body makes all the laws of the state, but does not often 
exercise any judicial or executive powers. 

3. The House of Representatives is composed of 
one hundred eight members, and for the purpose of 
electing them the state is. divided into ninety-nine dis- 
tricts. Two counties wholly separate can not form 
one district; neither can a county be divided. Some 
counties are so populous that they are entitled to more 
than one representative, as a representative district. 
There are eight districts that choose two representa- 
tives each. 

4. As the populations of some counties increase 
more rapidly than others the legislature frequently 
finds it necessary to change the districts in order to 
give just representation to every part of the state. 
These readjustments are made at the regular session of 
the general assembly. 

5. Members of the house are chosen at the regular 
biennial election for two years. Their term of office 
begins on the second Monday of January next after 



62 OUR STATE AND NATION 

their election and continues two > Mrs and until their 
successors are elected and qualified. 

6. A representative must be a man over twenty- 
one years of age, must have lived in the state one year 
just preceding his election and have been a resident 
of the district from which he was chosen at least sixty 
days. 

7. The Senate is composed of fifty members and 
for the purpose of electing them the state is divided 
into fifty divisions, called senatorial districts. Sena- 
tors hold office for four years, half being elected at 
each election of representatives. They must have the 
same qualifications as to citizenship and residence as 
the representatives, and must be at least twenty-five 
years old. 

8. These two bodies are called "The General As- 
sembly," and every law it passes, begins with these 
words : "Be it enacted by the General Assembly of the 
State of Iowa." Its session begins on the second Mon- 
day of January of odd-numbered years and the gover- 
nor may call an extra session whenever the welfare of 
the state demands it. 

9. We have learned that the clerk of each town- 
ship or voting precinct sends the returns of the election 
to the county auditor. On the first Monday after the 
election the board of supervisors meets at the county 
seat to canvass the votes of the county. They decide 
who are elected, and the county auditor makes out cer- 
tificates of election for each person elected. If the 
county is a representative or senatorial district they 
give their representative or senator a certificate of 
election, but if there are other counties in the district 
the auditor makes out an abstract of the votes cast for 
such officers and sends it to the secretary of state, and 
the state board of canvassers (the governor, secretary, 
auditor and treasurer of state) make out the certificates 
of election, as they do for state officers. 

10. At the hour of ten on the morning of the day 
appointed, the senators and representatives meet in 



THE STATE GOVERNMENT.— Legislative Department 63 

their respective chambers in the capitol. The lieuten- 
ant governor, acting as president of the senate, calls 
the body to order and they Proceed to Organize. If 
the lieutenant governor is not present, some person 
claiming to be a member, acts in his stead. A secre- 
tary is chosen and the senators file their certificates of 
election with him. A committee of five is then ap- 
pointed that examines the certificates and reports on 
the credentials. Those reported as members then 
effect a permanent organization by electing permanent 
officers.* 

ii. The house of representatives is called to order 
by some one who claims to be a member and they 
proceed in the same manner as the senate. They 
effect a permanent organization by electing a speaker, 
a clerk and other officers corresponding to those of the 
senate. 

12. Laws passed at a regular session take effect 
on the Fourth of July following, unless otherwise pro- 
vided. When the laws are passed at a special session 
they take effect ninety days after the adjournment; but 
if they are deemed of sufficient importance they take 
effect upon publication in at least two newspapers, one 
of which must be at Des Moines. 

♦Secretary, with first and second assistant; enrolling 
clerk, engrossing clerk, bill clerk, file clerk, lieutenant gov- 
ernor's clerk, sergeant-at-arms, with one assistant; doorkeeper, 
with first and second assistants; janitor, postmaster, with 
one assistant; paper folder, with one assistant; lieutenant 
governor's page. 

The officers of the house of representatives are practic- 
ally the same. 

The secretary of the senate and clerk of the house receive 
six dollars per day, and their assistants five dollars. To the 
enrolling clerks and engrossing clerks five dollars; to lieuten- 
ant governor's clerk and sergeant-at-arms four dollars; to post- 
master and assistant, mail, carrier, bill clerk, file clerk, door- 
keepers, janitors and clerks of committees, three dollars per 
day each, and the necessary stationery for clerks and secre- 
taries aforesaid. 

To the lieutenant governor's page and speaker's page, two 
dollars per day, and to the messengers one dollar and fifty 
cents 



64 OUR STATE AND NATION 

13. There are three ways in which a bill may be- 
come a law. 

First — If it is passed by a majority of both houses 
and the governor signs it. 

Second — If both houses pass a bill by a majority, 
and the governor returns the bill to the house in which 
it originated with his objections, and then both houses 
reconsider the bill and pass it by a two-thirds majority, 
it becomes a law without the governor's signature. 

Third — If a bill passes both houses and the gover- 
nor fails to sign it or return it to the house in which 
it originated in three days (Sundays excepted) if the 
legislature is in session, it becomes a law the same as 
if he had signed it. 

14. When the governor returns a bill without his 
signature with a message, he is said to veto the bill. 
All bills that are passed over the governor's veto have 
the following endorsed thereon or attached thereto, 
with the signature of the presiding officer of each 
house: 

"This bill having been returned by the Governor with his 
objections to the house in which it originated, and after re- 
consideration having again passed both houses by yeas and 
nays by a two-thirds majority of the memmers of each house, 
has become a law, this day of 



Speaker of House of Representatives 



President of Senate. 
Bills not signed nor returned by the governor as 
provided for are authenticated by the secretary of state 
endorsing thereon the following: 

"This bill having remained with the Governor three days 
(Sundays excepted), the General Assembly being in session, 
has become a law this day of " 



Secretary of State. 

15. When a bill is passed by the general assembly 
less than three days before the end of the session 




< 

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W 

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DL 

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c 



X 






THE STATE GOVERNMENT. -Legislative Department. 65 

(Sundays excepted) and the governor neglects it, the 
bill is lost just as if he had vetoed the bill. This is 
termed a pocket veto. 

16. Each house makes the rules for its own pro- 
ceedings, punishes members for disorderly conduct and 
may with the consent of two-thirds expel a member. 
If the election of a member is contested (which may be 
done by any voter of the district which the member 
represents), the papers prepared according to law, re- 
lating to the contesting of the election, must be sent to 
the secretary of state, and he presents them unopened 
to the presiding officer of the house to which the inter- 
ested member belongs, before the second day of the 
session. The presiding officer immediately gives no- 
tice to the house that such papers are in his possession. 
Each house judges of the election of its own members. 

17. Each house keeps a record of its proceedings 
called a journal. The proceeding of the legislature of 
this state, or of any other state in the union, or of the 
United States, or any foreign government are proved 
by the journals of those bodies. 

18. No person holding any lucrative office under 
our nation or state or any foreign power shall be eligi- 
ble to membership in the general assembly. But 
offices in the militia, where there is no annual salary, 
or office of justice of the peace, or postmaster whose 
compensation does not exceed one hundred dollars per 
annum, or notary public shall not be deemed lucrative 
offices. 

19. A senator or representative cannot be ap- 
pointed during his term of office to an office of profit 
under the state, which shall have been created, or the 
emoluments of which shall have been increased during 
his term of office, except such office as may be filled by 
election by the people. 

20. When vacancies occur in either house, the 
governor issues writs of election to fill such vacancies. 
The sheriffs of the counties where the election is to be 



66 OUR STATE AND NATION 

held gives notice of the election by publication in the 
papers, or by notices posted in at least five public 
places in the county. 

21. Before entering upon their duties members of 
the general assembly take the following oath or affirm- 
ation : "I do solemnly swear (or affirm) that I will 
support the constitution of the United States and the 
constitution of the state of Iowa, and that I will faith- 
fully perform the duties of senator (or representative) 
to the best of my ability." 

22. A majority of either house constitutes a quo- 
rum, that is a sufficient number to transact business. 
A smaller number, however, may adjourn from day to 
day, and compel the attendance of absent members in 
such a way and by such penalties as each house may 
adopt. 

23. When the two houses meet in joint convention 
for the election of officers provided by law, the presi- 
dent of the senate, or, in his absence, the speaker of 
the house of representatives shall preside, or, in the 
absence of both, a temporary president shall be ap- 
pointed by a joint vote. Two tellers previously 
appointed, one by either house, shall act as judges of 
the election. The joint meeting is held in the hall of 
the house of representatives, and the clerk of the house 
acts as secretary, and he and the secretary of the 
senate shall keep an accurate account of the proceed- 
ings, which must be entered on the journals of each 
house. 

24. When any officer is to be thus elected the sec- 
retaries arrange the names of the members in alpha- 
betical order, and each member shall vote in the order 
in which his name stands when thus arranged. The 
names of the persons voted for and the names of the 
members voting shall be written by the tellers, after 
the secretaries have called the names of each, and the 
name of the one for whom he voted the second time. 
They shall report to the president of the convention 
the number of votes given to each candidate. If no 



THE STATE GOVERNMENT. -Legislative Department. 67 

person receives a majority of the votes of the mem- 
bers present, a second poll may be taken, and so on 
from time to time, until some person receives such ma- 
jority. If the people fail to elect a governor or lieu- 
tenant governor, it is done by this joint convention. 

25. The presiding officer of each house usually ap- 
points all the standing committees of his own body. 
The committees of the two houses are almost the 
same. The duty of each committee is suggested by its 
name. All business is generally referred to a commit- 
tee, for example: If a bill is introduced relating to 
railways, it is referred to the committee on railways, 
which considers the bill and if the members of the com- 
mittee consider it expedient they report it favorably 
to the house. The greater part of the real work is 
done in the committee rooms ; there arguments for and 
against measures under consideration may be heard. 

26. At the order of business the member who 
wishes to introduce a bill rises and addresses the 
speaker, stating that he desires to introduce a bill. A 
messenger takes it to the clerk, or secretary if it is in 
the senate, who reads it the first and second times by 
its title only. It is then recorded by its name and 
given a file number. At this time it is referred to a 
committee, which reports on the bill after due deliber- 
ation. 

27. This report recommends either that it be 
passed or that it be indefinitely postponed. It is put on 
the calender and provisions are made for printing the 
bill, so that each member may have a copy when the 
bill is considered. It may be referred to another com- 
mittee or amended and discussed. After passing to its 
third reading it is no longer subject to amendment. A 
majority of the whole number of members must vote 
for the bill if it is passed. After passing it is sent by 
messenger to the other house, where it is taken up in 
practically the same way. If the other house proposes 
amendments, the house in which it originated must 
concur in them if it becomes a law. After passing both 



68 OUR STATE AND NATION 

houses it is signed by the speaker of the house and 
president of the senate and sent to the governor. 

28. No money can be drawn from the treasury of 
the state except as appropriated by the General As- 
sembly in accordance with law. A statement of re- 
ceipts and expenditures of the state is published in the 
"Acts and Resolutions of the General Assembly. " 

29. The constitution of our state makes it unlaw- 
ful for the general assembly to pass local or special 
laws in the following cases : 

For the assessment and collection of taxes for state, 
county or road purposes. 

For laying out, opening, and working highways. 

For changing the names of persons. 

For the incorporation of cities and towns. 

For vacating roads, town plats, streets, alleys or 
public squares. 

For locating or changing county-seats. 
In such cases as the above it is best for such business 
to be entirely in the hands of the local authorities, the 
people of the township, county, or city, or town, as is 
provided by general law. 

30. In all other cases where general laws can be 
made applicable all laws shall be general, and of uni- 
form operation throughout the state. 

31. The general assembly cannot pass a law 
changing the boundaries of counties until after there 
has been a majority vote of the people of the counties 
affected in favor of such changes. 

32. No lottery can be allowed in this state, nor 
can any lottery tickets be sold. 

33. Neither house, alone, can adjourn for more 
than three days nor to any other place than that in 
which they may be sitting. 

34. The election of the United States Senators is 
the same in all the states. The provisions were estab- 
lished by the national legislature as follows: 

35. The two houses on the second Tuesday after 
the organization, each in separate session, cast a vote 



THE STATE GOVERNMENT.— Legislative Department. 69 

for a United States senator. On the next day they 
meet in joint convention and canvass the votes. If 
anyone has received a majority of all the votes cast in 
each house on the day before, he is declared elected. 
If no one received such majority, the two houses in 
joint assembly then take at least one vote each day 
until a senator is chosen or the session is at end. The 
governor must send the certificate of election of sena- 
ator to the president of the United States senate. 

36. No one is allowed to question a member for 
any speech or debate in any other place than in the 
house where made, without consent of the member. 
If anyone should by threat, violence or arrest attempt 
to control the action of any member or violate the 
above provision willfully, it is the duty of the member 
threatened to report such person to the house to which 
he belongs, and the house may order the offender fined 
or imprisoned. 

37. Bribery of any member of the legislature or 
any executive officer is punishable by imprisonment 
for not more than five years or a fine of not more than 
one thousand dollars. The officer who accepts a bribe 
is punishable by imprisonment of not more than ten 
years or a fine of not more than two thousand dollars. 
Anyone who offers or accepts a bribe in such instances 
is forever disqualified from holding office in the state. 

38. If any state officer is charged with crime or 
grave misdemeanor in office, it is the duty of the house 
of representatives to act as a grand jury, and indict 
such officer. A majority of the house must concur in 
the indictment, which is called an impeachment. The 
senate acts as a court before which all causes of im- 
peachment are tried. Two-thirds of the senate must 
concur in order to convict. If the governor is tried 
one of the judges of the supreme court presides. 

If any state officer is impeached and convicted, he 
is simply removed from office and disqualified from 
holding any office of profit or trust in the state. Then, 



70 OUR STATE AND NATION 

if the officer committed any crime he would be liable 
to meet the penalty of the law, in addition to the dis- 
honor of conviction on impeachment. 

39. In voting by yeas and nays the names of the 
members are called and they respond yea or nay as 
they vote for or against the bill. 

40. Members iof the legislature receive one thou- 
sand dollars per session and mileage at the rate of 
live cents per mile both in going to and returning 
from the session. At extra sessions they receive not 
more than six dollars per day and mileage. 

41. Within thirty days after the meeting of the 
general assembly the presiding officer of each house 
makes out a list of the members belonging to his house 
and the mileage due each member, and presents it to 
the auditor of state, who draws warrants on the state 
treasury for the salary and mileage due each member. 
The members may draw half their salary at the end of 
thirty days, and the remainder at the close of the 
session. 

QUESTIONS. 

1. In what is the legislative power of the state 
vested? 

2. How many members in each house? How 
many representative districts? How many senatorial 
districts? In which do you live? 

3. How often may the districts be re-adjusted? 
Why is that necessary? 

4. With what words do laws passed begin? 

5. How often and when does the legislature meet? 

6. When and how often are the members of each 
house chosen? 

7. What are the qualifications of members of the 
house of representatives? Of the senate? 

8 From whom do the members obtain certificates 
of election? 

9. Describe the organization of the senate. Of 
the house of representatives. 



THE STATE GOVERNMENT.— Legislative Department. 71 

10. When do laws take effect? How may laws 
specially urgent be made to take effect quickly? 

ii. Who may contest the election of a member? 
Who decides such contested cases? 

12. What oath do members take? 

13. What power has either house to protect its 
members from insult? 

14. Describe an election in joint convention. 

15. If there is a tie vote for governor, how is it 
decided? If the people do not elect a governor who 
does? 

16. Describe the election of a United States 
senator. 

17. Who are not eligible to the legislature? 

18. When a vacancy occurs in either house how 
is it filled? 

19. What is the compensation of members of the 
general assembly? Explain how they draw their 
salary. 

20. What is a quorum? 

21. Why are committees appointed? 

22. Describe three ways in which a bill may 
become a law. 

23. Why does the general assembly have no right 
to pass a law changing a person's name and other 
special laws? 

24. How may boundaries of counties be changed? 

25. How may money be drawn from the state 
treasury? 

26. Describe how an officer may be impeached. 

27. How is bribery punished? 

28. Can you give some reason why, in voting in 
joint convention, the roll is called twice? 

29. What is a pocket veto? 

30. Why doesn't the governor fill vacancies in the 
general assembly by appointment? 



72 OUR STATE AND NATION 

STANDING COMMITTEES OF THE SENATE. 

i. Ways and Means. 2. Judiciary. 3. Federal Re- 
lations. 4. Constitutional Amendments. 5. Suppres- 
sion of Intemperance. 6. Appropriations. 7. Normal 
Schools. 8. Agriculture. 9. County and Township 
Organization. 10. Compensation of Public Officers. 
11. Banks. 12. Railways. 13. Insurance. 14. Pri- 
vate Corporations. 15. Municipal Corporations. 16. 
State University. 17. Military. 18. Elections. 19. 
Claims. 20. Commerce. 21. Public Buildings. 22. 
Manufacturers. 23. Printing. 24. Public Lands. 25. 
Internal Improvements. 26. Highways. 2y. Library. 
28. Judicial Districts. 29. Congressional Districts. 
30. Senatorial Districts. 31. Representative Districts. 
32. Hospitals for Insane. 33. Institutions for Deaf and 
Dumb. 34. Colleges for Blind. 35. Orphans' Home. 
36. Penitentiary. 37. Reform Schools. 38. Agricul- 
tural College. 39. Horticulture and Forestry. 40. 
Fish and Game. 41. Asylum for Feeble-Minded Chil- 
dren. 42. Medicine, Surgery and Hygiene. 43. Rules. 
44. Mines and Mining. 45. Engrossed Bills. 46. En- 
rolled Bills. 47. Retrenchment. 58. Telegraph and 
Telephone. 59. Printing. 

REPRESENTATIVE DISTRICTS. 

1, Lee.* 2, Van Buren. 3, Davis. 4, Appanoosa. 
5, Wayne. 6, Decatur. 7, Ringgold. 8, Taylor. 9, 
Page. 10, Fremont. 11, Mills. 12, Montgomery. 13, 
Adams. 14, Union. 15, Clarke. 16, Lucas. 17, Mon- 
roe. 18, Wapello. 19, Jefferson. 20, Henry. 21, 
Des Moines.* 22, Louisa. 23, Washington. 24, Ke- 
okuk. 25, Mahaska. 26, Marion. 2y y Warren. 28, 
Madison. 29, Adair. 30, Cass. 31, Pottawattamie.* 
32, Harirson. 33, Shelby. 34, Audubon. 35, Guthrie. 
36, Dallas. 37, Polk.* 38, Jasper. .39, Poweshiek. 
40, Iowa. 41, Johnson. 42, Muscatine. 43, Scott.* 
44, Cedar. 45, Clinton.* 46, Jackson. 47, Jones. 48, 
Linn.* 49, Benton. 50, Tama. 51, Marshall. 52, 



THE STATE GOVERNMENT.— Legislative Department. 73 

Story. 53, Boone. 54, Greene. 55, Carroll. 56, 
Crawford. 57, Monono. 58, Woodbury.* 59, Ida. 
60,. Sac. 61, Calhoun. 62, Webster. 63, Hamilton 
64, Hardin. 65, Grunly. 66, Black Hawk. 67, Bu- 
chanan. 68, Delaware. 69, Dubuque.* 70, Clayton. 
71, Fayette. 72, Bremer. 73, Butler. 74, Franklin. 
75, Wright. 76, Humboldt, 77, Pocahontas. 78; Bu- 
ena Vista. 79, Cherokee. 80, Plymouth. 81, Sioux 
82, O'Brien. 83, Clay. 84, Palo Alto. 85, Kossuth. 
86, Hancock. 87, Cerro Gordo. 88, Floyd. 89, 
Chickasaw. 90, Allamakee. 91, Winneshiek. 92, 
Howard. 93, Mitchell. 94, Worth. 95, Winnebago. 
96, Emmet. 97, Dickson. 98, Osceola. 99, Lyon. 

SENATORIAL DISTRICTS. 

1, Lee. 2, Jefferson and Van Buren. 3, Appa- 
noose and Davis. 4, Lucas and Wayne. 5, Decatur, 
Ringgold and Union. 6, Adams and Taylor. 7, Fre- 
mont and Page. 8, Mills and Montgomery. 9, Des 
Moines. 10, Henry and Washington. 11, Clarke and 
Warren. 12, Keokuk and Poweshiek. 13, Wapello. 
14, Mahaska. 15, Marion and Monroe. 16, Adair and 
Madison. 17, Audubon, Dallas and Guthrie. 18, Cass 
and Shelby. 19, Pottawattamie. 20, Louisa and Mus- 
catine. 21, Scott. 22, Clinton. 23, Jackson. 24, Ce- 
dar and Jones. 25, Iowa and Johnson. 26, Linn. 27, 
Calhoun and Webster. 28, Marshall. 29, Jasper. 30, 
Polk. 31, Boone and Story. 32, Woodbury. 33, Bu- 
chanan and Delaware. 34, Crawford, Harrison and 
Monona. 35, Dubuque. 36, Clayton. 37, Hamilton, 
Hardin and Wright. 38, Black Hawk and Grundy. 39, 
Butler and Bremer. 40, Allamakee and Fayette. 41, 
Mitchell, Winnebago and Worth. 42, Howard and 
Winneshiek. 43, Cerro Gordo, Hancock and Franklin. 
44, Chickasaw and Floyd. 45, Benton and Tama. 46, 
Cherokee, Ida and Plymouth. 47, Clay, Dickinson, 
Emmet, Kossuth and Palo Alto. 48, Carroll, Greene 
and Sac. 49, Lyon, Sioux, O'Brien and Osceola. 50, 
Buena Vista, Humboldt and Pocahontas. 

*Two Representatives in each county so marked. 



CHAPTER IX. 

EXECUTIVE DEPARTMENT AND STATE 
OFFICERS. 

i. We have studied about the law making power 
of the state. In this chapter we will learn about the 
law enforcing officers or those officers who attend to 
the general business of the state. 

2. The principal one of these is the Governor, who 
is the overseer of the state. The legislature, we have 
learned, cannot pass a law against his will, without a 
two-thirds majority. It is the duty of the general as- 
sembly to decide who is elected governor and lieuten- 
ant governor, and if the people fail to elect them, that 
body does. If the election of governor is contested, 
each house chooses by lot seven members, who investi- 
gate the matter and report to each house and have it 
entered on the journals. 

3. At the regular session of the legislature, the 
governor issues his message, which is read before each 
house. In this message he makes known to them the 
condition of the state and recommends such changes 
and measures as he thinks best. If occasion requires, 
the governor may convene the general assembly, and 
in times of public danger, at some other place than the 
capitol of the state. If the two houses fail to agree 
upon a time for adjournment the governor adjourns 
them. If the governor resigns, the resignation is made 
to the general assembly if that body is in session, oth- 
erwise to the secretary of state. 

4. As the governor must have information from 
every part of the state, every two years the state offi- 
cers and boards of state institutions report to him 



EXECUTIVE DEPARTMENT AND STATE OFFICERS 75 

regarding their official business ; and he may call upon 
any county officer for any information or statistics that 
he may wish in regard to official business. 

5. He approves the bonds of state officers and may 
require them to give new bonds when he deems it nec- 
essary. He calls special elections to fill vacancies in 
the office of member of congress or of the general 
assembly. 

6. He issues proclamations of general elections, in 
which must be included all proposed amendments to 
the constitution of the state. 

7. It is his duty to appoint the following officers : 
State fish and game warden ; state veterinary surgeon ; 
state dairy commissioner; inspectors of passenger 
boats ; board of dental examiners ; notaries public ; su- 
perintendent of weights and measures ; state mine in- 
spectors ; commissioners of pharmacy ; members of the 
state board of health; commissioners to other states; 
commision to examine books of state officers (and he 
can suspend such state officers as are found guilty of 
defalcation) ; one-half the members of the state his- 
torical society ; with the advice of the state agricultural 
society, director of the weather service; with the ad- 
vice and consent of the senate, custodian of public 
buildings and board of control. After the board of 
health determines the number of oil inspectors needed 
the governor appoints them. 

His office is at Des Moines, and his secretary must 
be there during his absence. A journal is kept in the 
office, in which are entered all official acts done by the 
governor. 

8. If a serious crime has been committed and the 
governor thinks it advisable he may offer a reward 
of not more than five hundred dollars for the capture 
of the criminal. When any lawsuit occurs in which 
the state is a party, or in which the rights of the state 
may be affected, he may employ lawyers to protect 
such rights of the state. Such expenses as the above 
are paid out of the governor's contingent fund. 



76 OUR STATE AND NATION 

9. As it is his duty to protect the welfare of the 
state, he is the commander-in-chief of the militia, and 
may call upon that power and direct its movements 
when he deems it necessary. Thus if the sheriff of any 
county requires the aid of the militia to enforce the 
laws or keep the peace, the governor may send to his 
assistance a sufficient force to enable him to perform 
his duty. 

10. He may cause private property to be con- 
demned for public purposes. Property so condemned 
is assessed and the owner receives as compensation the 
estimate value of the property. 

11. The governor has power to commute a death 
sentence to life-imprisonment or to grant pardons and 
reprieves in all cases except treason and impeachment. 
However, he cannot pardon a person convicted of mur- 
der in the first degree without the concurrence of the 
board of parole. On conviction of treason he has 
power to suspend the execution of the sentence until 
the next session of the general assembly, when the 
case will be entirely in the hands of that body. 

12. When a criminal escapes from another state to 
this state it is the duty of the governor to issue a paper 
of requisition enabling an executive officer from such 
state to capture the criminal and transport him to the 
state line. Such papers of requisition make it the duty 
of sheriffs and constables of this state to assist the offi- 
cer in capture and transportation of the criminal. 

13. The Auditor of State corresponds in many re- 
spects to county auditor. He draws all warrants on 
the state treasurer and keeps strict account of all af- 
fairs pertaining to the money of the state. 

14. He is a member of the executive council and 
also its secretary when the board is acting as state 
board of equalization. 

15. The laws passed at each session of the legis- 
lature are distributed free to each state and county 
officer, to mayors and township clerks, and a number 



EXECUTIVE DEPARTMENT AND STATE OFFICERS 77 

are kept for sale by the secretary of state. Each 
county auditor makes reports of copies received and 
sold, to the state auditor. 

16. Frequently counties, cities and towns find it 
necessary to issue bonds, which is the same as giving 
their note, in order to raise money for improvements. 
If any of these should refuse to levy taxes to meet the 
interest on the bonds when due, the holders of the 
bonds can file them with the state auditor and the 
executive council would then increase the amount of 
state tax of such county, city or town so that the bonds 
may be paid out of the state treasury. 

17. The auditor is clerk of the court before which 
contested state elections are tried, when the secretary 
of state is an interested party or is absent or is other- 
wise unable to act as clerk. He publishes the revenue 
laws of the state in pamphlet form for the benefit of 
the township assessors. 

18. It is his duty to investigate and know of the 
financial condition of all insurance companies doing 
business in the state. This is a very necessary precau- 
tion as it protects the people from frauds and produces 
confidence in the companies doing business. 

19. The auditor also examines into the condition 
of savings banks and of building and loan associations 
in the state and reports to the general assembly any 
measures he deems necessary or proper to increase the 
security of depositors. If any bank incorporated under 
the laws of the state is not conducting its business law- 
fully he may, after investigation, close the bank and 
provide for the settlement of its business. 

20. When a person having no heirs dies, his prop- 
erty is sold under direction of the state auditor and 
the money is appropriated to the school fund. Such 
property is called an escheat. 

21. The Secretary of State overses the printing 
and binding done for the state and distributes the jour- 
nals of the general assembly to the members and offi- 
cers thereof and to the state officers. He keeps a jour- 



78 OUR STATE AND NATION 

nal of the executive council; is clerk of court for trial 
of contested state elections; is register of state land of- 
fice ; preserves records of census of state ; distributes 
public documents and reports. 

22. He records the names of county officers. Elec- 
tion returns are sent to him from the counties and he 
records the result of elections. He records articles of 
incorporation, as we learned in studying "Incorpora- 
tion of cities and towns." He publishes the times of 
holding court in the various counties and also propo- 
sitions to amend the constitution. When a bill passed 
by the general assembly is laid before the governor and 
he neither signs nor vetos it, the secretary of state adds 
his certificate to it before it becomes a law. 

23. The Treasurer of State has charge of all money 
belonging to the state and pays it out only on warrants 
issued by the auditor. He keeps an accurate record 
of all warrants paid out and bonds outstanding and 
paid. With the advice of the executive council he 
names one or more banks in Des Moines as a deposi- 
tory for the collection of any drafts, checks, etc., that 
he may receive as payment of claims due the state. 
The banks named must give approved security for 
prompt collection. 

24. He keeps every fund in separate apartments of 
his safe and at each quarterly settlement with the state 
auditor he counts each fund in the presence of the aud- 
itor to see if it agrees with the balance found in the 
books. 

25. The Attorney General is the lawyer for the 
state. He must give his opinion to state officers on all 
questions submitted to him. When the legislature is 
in session he must, when called upon, give his opinion 
of any question submitted by that body. In all law- 
suits where the state is an interested party he appears 
in its behalf. He brings proceedings for closing up 
any insurance company or bank that the auditor has 
found to be advisable. This office properly belongs to 
the judicial department. 



EXECUTIVE DEPARTMENT AND STATE OFFICERS 79 

26. The Superintendent of Public Instruction has 
general supervision of county superintendents and all 
the common schools of the state. From the reports 
of all the county superintendents he compiles a general 
report. He arranges for the publication of the school- 
laws and sends to each county superintendent a suffi- 
cient number to supply each school officer with a copy. 
He may subscribe at the expense of the state for a 
sufficient number of copies of a school journal to sup- 
ply each county superintendent with one copy, as we 
have learned. 

27. Anyone aggrieved by the decision of a board 
of directors may appeal to the county superintendent. 
If the decision of that officer is not satisfactory, the 
case may be appealed to the superintendent of public 
instruction for final decision. 

28. He may call meetings of the county superin- 
tendents where matters relating to the supervision of 
the schools may be discussed and arrange as nearly as 
possible for uniformity in the schools of the state. By 
virtue of his office he is a member of the boards gov- 
erning the State University, and Iowa State College, 
and president of the board of trustees of State Normal 
School. 

29. He is president of the state educational board 
of examiners. On this board is also the president of 
the State University, president of the State Normal 
School and two other persons appointed by the gover- 
nor, one of whom must be a woman. 

For the purpose of increasing the facilities for 
training teachers for the rural schools by requiring a 
review of such common branches as may be deemed 
essential, and for instruction in elementary pedagogy 
and the art /of teaching elementary agriculture and 
home economics, he may designate certain high 
schools in the state that have an approved course of 
study in the eleventh and twelfth grades. Schools 
thus designated are known as Normal Training High 
Schools, and receive state aid to the amount of $500 



80 OUR STATE AND NATION 

per annum payable in two equal installments at the 
close of each semester. 

To assist him in the supervision of these schools, 
he may appoint an Inspector of Normal Training in 
High Schools who shall receive a salary of $2,000 
per year and necessary expenses while in the discharge 
of his duty. A certificate of graduation from the nor- 
mal training course shall be issued by the Superin- 
tendent of Public Instruction and is a valid license to 
teach in any public school in the state for a term of 
two years. 

30. There are three Railroad Commissioners who 
hold office for four years, two being elected at each 
election. It is their duty to inspect bridges, roads and 
rolling stock of the railroad companies. They notify 
the companies to make repairs when they deem it nec- 
essary and also see that they obey the laws of the 
state. Once each year they report to the governor 
what they have done, make suggestions of measures 
that they think would be appropriate and give an ac- 
count of the condition of all the railroads in the state. 
Each receives twenty-two hundred dollars per year 
salary and they are allowed a secretary. 

31. The term of state officers is .two years, they 
being elected at each general election. 

32. The salary of the governor is five thousand 
dollars per year and the traveling expenses necessarily 
incurred in performing his duty. The lieutenant gov- 
ernor, as president of the senate, receives the same 
mileage and twice the amount per day provided for 
senators. 

33. The superintendent of public instruction re- 
ceives two thousand two hundred dollars and necessary 
traveling expenses to the amount of three hundred dol- 
lars. The attorney general receives four thousand dol- 
lars per year and expenses if his duties call him from 
Des Moines, and nine hundred dollars is allowed for 
clerk hire. 

34. The treasurer, auditor and secretary of state 
each receive twenty-two hundred dollars per year. 



EXECUTIVE DEPARTMENT AND STATE OFFICERS 81 

They also receive eight hundred dollars per year each, 
as members of the executive council. The auditor has 
six assistants, the secretary of state five, and the treas- 
urer two. A night watchman is also provided for the 
treasury department. 

35. The governor may appoint one or more com- 
missioners in any state in the union. Each one ap- 
pointed is provided with a seal on which is engraved 
"Commissioner for Iowa" with his own name and the 
name of the state in which he has been commissioned. 
He may administer oaths, take depositions and affida- 
vits, acknowledgements or proofs of deeds and other 
instruments to be recorded or used in the courts of this 
state. 

AMENDMENTS TO THE CONSTITUTION OF 
THIS STATE. 

36. All amendments must be submitted to a vote 
of the people in the following manner: 

An amendment may originate in either house of the 
general assembly and if a majority of both houses 
agree to it, it is referred to the legislature next to be 
chosen. Before the election, notice of the proposed 
amendment is included in the proclamation of election. 
If the legislature then elected agrees to the amendment 
by a majority of both houses then the amendment is 
submitted to a vote of the people in such way and at 
such times as the general assembly may provide, at the 
next general election if no other time is specified. If a 
majority of the votes cast favor the measure the 
amendment becomes a part of the constitution. 

QUESTIONS. 

1. Who canvass the votes for governor and lieu- 
tenant governor? If the people fail to elect how are 
these officers elected? If their election is contested 
how is it decided? 

2. What is the governor's message and what does 
it contain? 



82 OUR STATE AND NATION 

3. How are the extra sessions of the legislature 
called? 

4. How does the governor obtain information on 
matters pertaining to the general condition of the 
state? 

5. What special elections does the governor call? 
What officers does he appoint? 

6. Explain how an amendment to the constitution 
is passed. 

7. Name some measures he may take to provide 
for the general safety. 

8. Explain ''condemning property." 

9. What power of pardoning criminals has the 
governor? What power in case of treason? 

10. What are his duties in reference to the militia? 

11. What are papers of requisition? 

12. Give a partial list of the state auditor's duties. 

13. What is an escheat? 

14. Give a list of the treasurer's duties. 

15. How are duties of auditor and treasurer inter- 
dependent? 

16. What are the duties of the attorney general? 

17. Give a list of the duties of the secretary of 
state. 

18. Give the important duties of superintendent of 
public instruction. In what duty does he act the part 
of a judicial officer? 

19. When are the state officers elected? Give sal- 
ary of each. 

20. Who is the state's financier? 

21. Who distributes the session laws? Who is 
entitled to a copy of the laws? 

22. If a county refuses to pay its bonds, how can 
the owner of the bonds secure payment? 

23. What precautions are taken in regard to insur- 
ance companies and banks? 

24. To whom do county auditors send election 
returns? 



CHAPTER X. 

OFFICERS APPOINTED. 

i. The Custodian of Public Buildings and Prop- 
erty is appointed by the governor with the advice and 
consent of the senate. It is his duty to take charge 
of and protect the capitol building and all furniture 
and other property connected therewith; to control 
and take care of the capitol grounds, walks, fences, 
trees, shrubbery, statuary and other property of the 
state; to appoint the necessary employes; to make 
a sworn statement at the end of each month of ex- 
penses incurred and to make a report to the governor 
on or before the last day of September preceding 
each regular session of the General Assembly. 

2. Inspectors of Passenger Boats, when requested 
by the owners of boats suitable for carrying five or 
more passengers, must inspect the boat and give the 
owner a certificate, if the boat is safe, stating the num- 
ber of passengers the boat may carry. A copy of the 
ceritficate must be posted on or in said boat. Persons 
wishing to become pilots or engineers on boats carry- 
ing passengers, apply to an inspector for a license, 
which is granted if the applicant be a person of sober 
habits and is competent in every way. Inspectors re- 
ceive one dollar for inspecting sailboats, ten dollars for 
inspecting steamboats capable of carrying twenty or 
more persons, and five dollars for inspecting small 
steamboats. For each application for license as pilot 
or engineer he receives three dollars. 

3. There are three Mine Inspectors who hold office 
for two years. They shall be men who have a practical 
knowledge of mining in all particulars. The governor 
divides the state into districts and assigns the inspec- 
tors duty in such districts as he deems proper. They 
devote all their time to the duties of their office. It is 



84 OUR STATE AND NATION 

lawful for them to enter and inspect any mine in the 
state at any time. They make a record of all examina- 
tions showing to what extent the laws are violated or 
obeyed and of the improvement in the safety and san- 
itary condition of the mines. Their reports contain 
the number of accidents, injuries or deaths; the num- 
ber of mines visited ; the number of employes and other 
information that would be of public interest. The 
owners and agents of coal mines are required to assist 
in the inspection and report any loss of life by accident 
that occurs about the mine. 

(The state laws require proper ventilation, escape 
shafts and other regulations that have greatly lessened 
the dangers of mining.) 

4. In order to protect the people of the state from 
danger from the use of oils for illuminating purposes 
there are laws that make it a misdemeanor to sell uil 
of inferior grades. The governor with the advice of 
the board of health appoints Inspectors of Oils, not 
more than fourteen in number, whose duty it is to ex- 
amine all oils manufactured from petroleum and if 
found to be of an approved grade, they place their 
scamp thereon with the word "approved." If an in- 
terior grade, they mark it "rejected." 

5. The inspectors charge ten cents per barrel for 
inspecting. Fifty-five gallons constitute one barrel. 
The owner of the oils pays the fees. Each inspector 
keeps all fees collected to the extent of fifty dollars per 
month and one-fourth of the amount collected in ex- 
cess of this to one hundred dollars per month. He is 
also allowed expenses, 

6. The State Veterinary Surgeon is appointed by 
the governor. He has general supervision of all con- 
tagious and infectious disease of domestic animals that 
are in the state or that may be in transit through the 
state. He may quarantine stock thus diseased and if 
he thinks it necessary to prevent the spread of the 
disease, he may order the stock destroyed. There is 



OFFICERS APPOINTED 85 

now a state board of veterinary medical examiners. 
They examine applicants and grant certificates to 
those qualified as veterinarians. 

7. The State Fish and Game Warden has charge 
and supervision of the state hatching house, located 
at Spirit Lake. It is his duty to promote the restora- 
tion of fish in the waters in the state so far as possible 
with the means at his disposal and to enforce the laws 
for the protection of game 

8. There are laws that provide against the sale and 
shipment of imitation dairy products except when 
stamped as such. It is not lawful for any hotel keeper 
to place any imitation dairy product before a patron 
unless it is accompanied by a placard containing the 
name of the article. There are strict laws relating to 
the conduct of creameries and sale of dairy products 
in our state. To provide for the enforcement of these 
laws the governor appoints the Commissioner of Dairy 
Products. He is allowed a deputy and one assistant. 

9. The Board of Dental Examiners consists of five 
practicing dentists. All persons wishing to practice 
dental surgery must have a diploma from some dental 
college duly recognized by the board or a license from 
the board of dental examiners. The board has regular 
meetings for the examination of those wishing to re- 
ceive license to practice dental surgery. Their com- 
pensation is five dollars per day each and is paid out of 
fees collected from those examined. 

10. The governor may appoint one or more Notar- 
ies Public in each county. Each notary must have a 
seal on which is engraved "Notarial Seal/' "Iowa" and 
his name. A notary has power to take depositions, affi- 
davits, and acknowledgements of deeds, mortgages, 
wills, etc. Their compensation arises from fees. Each 
is required to give a bond of five hundred dollars. 

11. The State Librarian has charge of the state 
library and gives it personal attention during the hours 
it must be kept open. He labels the books and makes 



86 OUR STATE AND NATION 

out an alphabetical catalogue of the library. The 
trustees of the library are the governor, secretary of 
state, superintendent of public instruction and judges 
of the supreme court. They provide rules and regu- 
lations for the control of the library. 

12. The state library consists of over 70,000 vol- 
umes. It comprise a large collection of law books and 
books on miscellaneous topics. Only senators, repre- 
sentatives, state officers, federal judges and judges of 
the state supreme court, can take books from the li- 
brary. Five thousand dollars are appropriated annu- 
ally for the purchase of books. Provisions are made 
whereby other libraries may be associated with this 
one and borrow books. 

13. The Superintendent of Weights and Measures 

is appointed by the governor from the board of pro- 
fessors of the Iowa State University. He shall keep 
a complete set of the copies of tlie original standards 
of weights and measures, and such fixtures and appa- 
ratus as arc necessary in the comparison and adjust- 
ment of city and county standards. He must furnish 
the several counties with such standards, balances and 
other means of adjustment as may be ordered by them 
at least once in ten years, comparing the same with 
those in his possession. 

14. It is unlawful for any proprietor of a store to 
allow any person who is not a registered pharmacist 
to compound the prescriptions of physicians or to re- 
tail poisons for medical use, except as a.n aid to and 
under the supervision of a registered pharmacist. For 
the proper registering of persons competent to com- 
pound and dispense drugs, the governor, with the ad- 
vice of the executive council, appoints three persons 
from among the most competent pharmacists of the 
state. This board constitutes the Commissioners of 
Pharmacy. They register whoever holds a diploma 
from an authorized college of pharmacy or passes a 



OFFICERS APPOINTED 87 

satisfactory examination before them. Each person 
furnished a certificate by them is charged a fee of five 
dollars. 

15. The State Board of Health consist of seven 
physicians and a civil engineer, appointed by the gov- 
ernor with the consent of the executive council, and 
the attorney general and the state veterinary surgeon 
are members. They constitute the board of medical 
examiners. Every physician in the state must hold a 
certificate granted by them. They have charge of all 
matters pertaining to quarantine, supervise a state reg- 

• istration of marriages, births and deaths and make 
such regulations and sanitary investigations as they 
think advisable for the preservation and improvement 
of the public health. The necessary expenses made in 
perfoming their duties are paid, but they receive no 
compensation. 

16. The Director of the Iowa Weather and Crop 
Service is appointed by the governor with advice of 
the agricultural society. 

17. He estaolishes volunteer stations throughout 
the state to the number of one or more in each county, 
and appoints observers thereat. He supervises these 
stations and receives reports from them concerning the 
weather and crop conditions. He edits a monthly 
paper, in which are found matters of interest and edu- 
cational value concerning the crops and weather. Any- 
one may become a subscriber to this paper by paying 
the small subscription price to cover the cost of pub- 
lishing. 

This officer has an assistant appointed by the chief 
signal officer at Washington, D. C. 

Two thousand seven hundred dollars per year are 
appropriated to defray the expenses of the office at 
present. 

18. There is a State Historical Society of eighteen 
members located at Iowa City, whose duty is to collect 
everything of interest pertaining to the history of our 



88 OUR STATE AND NATION 

state, and this section of the country. Nine members 
are appointed by the governor and nine are elected by 
the members. 

19. The Curator of Historical Collections is ap- 
pointed by the trustees of the state library, and holds 
office for six years. It is his duty to collect and 
arrange books, maps, charts and public documents, 
manuscripts and other papers and materials illustrative 
of the history of Iowa and the west generally; to pro- 
cure from early pioneer settlers narratives of their per- 
ils, exploits and adventures ; to secure facts and state- 
ments relative to the history, progress and decay of 
the Indian tribes, so as to exhibit faithfully and as far 
as practicable, the antiquities of the past; to secure 
books relating to the history and natural history of the 
state and of the central region of which Iowa is a part ; 
to subscribe for and preserve files of at least two 
papers in each county of the state containing the offi- 
cial publications and cause the same to be bound; to 
catalogue thoroughly all such collections for conven- 
ient references, and every two years make a report of 
all his collections. He also collects memorials and me- 
mentoes of pioneers and soldiers of Iowa. He arranges 
in cases, objects relating to the prehistoric races of 
this section of the country. The rooms are kept open 
for the inspection of visitors at reasonable times. He 
is allowed such assistance, postage, stationary and inci- 
dental expenses as the trustees may authorize and 
approve. 

20. The governor with the advice of the executive 
council appoints a Commissioner of Labor Statistics, 
whose duty is to look after the welfare of labor in the 
state, and make a report containing statistical details 
of all the departments of labor. He corresponds with 
interested parties in other parts of the United States 
and imparts such information as may tend to induce 
them to locate mechanical and producing plants within 
the state. He looks after the sanitary condition of in- 
stitutions where labor is employed and reports the 






OFFICERS APPOINTED 89 

progress being made with schools now in operation 
for instruction of students in mechanical arts. Five 
thousand copies of his report are printed for distribu- 
tion. He is allowed an asistant who receives a salary 
of one thousand dollars per year and traveling ex- 
penses to the amount of five hundred dollars. 

21. The State Board of Optometry Examiners 
consists of three optometrists appointed by the gover- 
nor for a term of one year, one physician member of 
the state board of health and the secretary of the 
state board of health. The duty of this board is to 
examine applicants for a license to practice optometry, 
and to issue a license duly authorizing such as are 
found to be qualified to practice optometry. 

22. The governor appoints an Inspector of Bees, 
whose duty it is to thoroughly examine such apiaries 
as are reported to be diseased, and all other apiaries 
in the same locality, and thus ascertain whether such 
disease exists. If upon examination he is satisfied 
of such disease, he shall give the owner full instruc- 
tions as to the manner of treating same. If his in- 
structions are not followed, or do not produce satis- 
factory results, he may burn, or cause to be burned all 
infected colonies of bees in any apiary to prevent fur- 
ther spread of the disease. He makes a complete re- 
port yearly to the governor. 

23. The State College of Agriculture and Me- 
chanic Arts constitutes the Highway Commission of 
Iowa. It is the duty of this commission to obtain 
data from the counties and townships relating to road 
conditions ; to furnish expert assistance to counties 
when requested by the proper county officials ; to pre- 
pare standard plans and specifications for road and 
bridge work, and to conduct a school each year for 
the instruction of road workers. The expense of this 
commission is paid by an appropriation by the Legis- 
lature. 

QUESTIONS. 
1. Give reasons why inspectors of passenger boats 
are appointed. 



90 OUR STATE AND NATION 

2. What are the duties of custodian of public 
buildings? 

3. Why are mine inspectors necessary? 

4. Which officers receive their compensation in 
fees? 

5. Give reasons why each of the following are 
appointed : Veterinary surgeon, dairy commissioner, 
dental examiners, superintendents of weights and 
measures, commissioners of pharmacy, board of health, 
director of weather and crop service, curator of histor- 
ical collections, oil inspectors. 

6. Which receive no compensation? 

7. What are the duties of notaries public? 

8. Describe the state historical society. 

9. What does the commissioner of labor statistics 
do? 

10. How are weights and measures in different 
parts of the state kept equal? 

11. Who are trustees of the state library? 

12. Who constitute the board of health? 

13. Who constitute the board of Optometry Ex- 
aminers? Duties. 

14. What are the duties of the Inspector of Bees? 

15. What are the duties of the Highway Com- 
mission of Iowa? 

APPENDIX. 

Length of terms of appointed officers. Salary. 

Custodian of Public Buildings, 2 years $1500 

Inspectors of Passenger Boats, 2 years Fees 

Mine Inspectors, 2 years. : $1800 

Inspectors of Oils, 2 years Fees 

Commissioner of Dairy Products, 2 years $2000 

State Librarian, 6 years $2400 

Director of Iowa Weather and Crop service, 

2 years $1500 

Members of Historical Society, 2 years No salary 

Commissioner of Labor Statistics, 2 years $1800 

State Veterinary Surgeon, 3 years $1800 

State Fish and Game Warden, 3 years $1200 



OFFICERS APPOINTED 91 

Commissioners of Pharmacy, 3 years $5 per day 

Board of Dental Examiners, 5 years $5 per day 

Board of Optometry Examiners, 1 year. . . .$5 per day 

Inspector of Bees, 2 years $3 per day 

Members of Board of Health, 7 years . .Expenses paid 

Curator of Historical Collections, 2 years $1600 

The Superintendent of Weights and Measures 
holds office during the pleasure of the governor. $50. 



CHAPTER XL 

MISCELLANEOUS. 

i. The Executive Council consists of the governor, 
auditor, secretary of state and treasurer. Any three of 
whom constitute a quorum for the transaction of busi- 
ness. They perform for the state some of the duties 
the supervisors do for the county. County supervisors 
equalize the assessments between the various town- 
ships and the executive council attends to the same 
between the different counties of the state. 

2. They canvass the votes for the state elections; 
issue certificates of elections ; have custody of state 
property; furnish light, fuel, stationery, etc., for state 
officers ; order purchases by custodian of public build- 
ings ; award contracts for publication of supreme court 
reports ; levy taxes to pay county bonds when such is 
neglected by proper authorities ; assess the railroads of 
the state; may authorize sale of school lands for less 
than the minimum price (school lands are sold by 
township trustees and county supervisors) ; authorize 
payment of expenses when the state purchases land 
sold for taxes ; and hold in trust gifts that may be do- 
nated to the educational institutions of the state. 

3. They keep a journal of their proceedings and 
furnish county auditors with printed directions and 
blank forms for proper taking of the census. 

4. The Department of Agriculture is managed by 
a board, styled the State Board of Agriculture, of 
which the governor, president of the State College 
of Agriculture and Mechanical Arts, state food and 
dairy commissioner and state veterinarian are ex- 
officio members ; other members are a president, vice- 
president, secretary, treasurer and one member from 
each congressional district of the state. The presi- 
dent and vice-president and members are chosen at 



MISCELLANEOUS 93 

the annual agricultural convention. The president 
and vice-president are elected for one year, and dis- 
trict members for two years. The secretary and 
treasurer are elected by the board. 

It is the duty of the department to look after and 
promote the interests of agriculture, agricultural edu- 
cation, animal and other industries of the state; to 
investigate all subjects relating to the improvement 
of methods, appliances and machinery, the diversifica- 
tion of crops and other products; to investigate re- 
ports of contagious diseases among domestic animals, 
and the destruction of insects and fungus grasses, 
grains and other plants ; the adulteration of foods, 
seeds and other products, and to report the results 
of such investigation, together with recommendations 
of remedial measures for the prevention of danger 
resulting therefrom. This is one of the most impor- 
tant departments of our state government. 

5. There is an annual meeting of the Iowa State 
Horticultural Society, the object of which is to further 
the fruit and tree growing interests of the state. At 
each such meeting they elect officers and directors, 
award premiums on essays, and discuss questions re- 
lating to the development of horticulture. 

6. The secretaries of agriculture and horticultural 
societies make annual reports pertaining to the inter- 
ests of each society, containing essays, statements, rec- 
ommendations, and the general condition of the agri- 
cultural and horticultural interests of the state. 

7. The Militia of Iowa consists of all the able-bod- 
ied men between the ages of eighteen and forty-five. 
The active militia consists of four regiments" of vol- 
unteers and are designated "The Iowa National 
Guard. " Enlistments are for three years, but the sol- 
dier may re-enlist for one, two or three years. 



tAt discretion of commander-in-chief two batteries of artil- 
lery and two troops of cavalry may be added. 

In the active militia the officers are as follows: Staff of- 
ficers of the Commander-in-Chief — Adjutant general, inspector 
general, quartermaster general, commissary general and sur- 
geon general, and such other officers as he may think proper; 



94 OUR STATE AND NATION 

8. The four regiments are organized into two 
brigades. Each regiment is composed of not less than 
eight, nor more than twelve, companies, and a com- 
pany cannot be composed of less than forty nor more 
than sixty-four privates and non-commissioned offi- 
cers. The governor is commander-in-chief, and ap- 
points an Adjutant General whose duties are to issue 
and transmit all orders of the commander-in-chief, con- 
cerning the military affairs of the state. He has charge 
of the state arsenal and grounds, issues all ordnance, 
stores and camp equipage on order of commander-in- 
chief. On or before the first of December before a 
session of the legislature, he makes a full and detailed 
report of the transactions of his office, the expenses 
of the preceding years and such other matters as the 
governor may require. He receives a salary of twen- 
ty-two hundred dollars per year. Field officers re- 
ceive when on duty four dollars per day; other com- 
missioned officers two and one-half dollars; non-com- 
missioned officers two dollars ; privates one dollar and 
a half. 

9. The assessor of every township makes out a 
list of men who are between the ages of eighteen and 
forty-five and returns it to the county auditors, who 
make out lists for the counties and send them to the 
adjutant general. Thus in time of war or sudden dan- 
ger, the governor has a list of the entire militia of the 
state, and if upon call for volunteers, not a sufficient 
number enlist, he may draft a certain number from 
every township. 

at present, a judge-advocate general, chief of engineers, assis- 
tant inspector general, chief signal officer and milintary secre- 
tary, aids-de-camp. 

Brigade Officers — Brigadier general, assistant adjutant 
general, surgeon, assistant inspector general, judge-advocate, 
engineer and signal officer, inspector of small arms practice, 
quartermaster, commissary of subsistence, aids-de-camp, quar- 
termaster sergeant. 

Regimental Officers — Colonel, lieutenant colonel, majors, 
adjutant, battalion adjutant, inspector of small arms practice, 
quartermaster, commissary, engineer and signal officer, sur- 
geon, assistant surgeon, chaplain. 

Officers of Companies — Captain, first lieutenant, second 
lieutenant, four sergeants and six corporals. Sergeants and 
corporals are non-commissioned officers. 



MISCELLANEOUS 95 

QUESTIONS. 

i. Compare as fully as you can the executive coun- 
cil and county supervisors. 

2. Explain the purpose of the agricultural and 
horticultural societies. 

3. What is the Iowa national guard? 

4. What are the duties of adjutant general? 

5. How many soldiers may be in the Iowa national 
guard? 

6. Explain how the governor may draft militia in 
time of public danger. 

7. Where is the fair held in your county? 

8. Who are members of the society in your 
county ? 



CHAPTER XII. 

STATE JUDICIARY. 

i. The Supreme Court of the state consists of six 
judges, elected at the general election and serving for 
a term of six years. Each receives a salary of six thou- 
sand dollars per year. 

2. The sessions of the supreme court are held at 
Des Moines. The sheriff of Polk county or his deputy 
attends this court, the same as a district court in his 
county. The attorney general must be present during 
the sessions to look after the interests of the state. 
This court has jurisdiction over all cases appealed from 
any court of record in the state, and its judgment is 
final except on questions involving the constitution or 
statutes of the United States. 

3. If a party in a suit is aggrieved by a decision in 
a justice court, he may, by giving bond to comply with 
such decision should it be sustained, appeal the case to 
the district court of his county. Either party also in a 
suit in a district court may, by proper proceedings, ap- 
peal the case to the supreme court of the state. The 
supreme court has no jurisdiction except in cases ap- 
pealed from the lower courts, as follows: District 
court or superior court of a city. It holds, at least, 
three sessions per year. At least four of the judges 
must agree in order to render a decision. If three vote 
one way and three oppose them, the decision of the 
lower court is sustained. This court may set aside the 
decision of the lower court on account of some error 
and thus allow the case to be tried again in the lower 
court. 

4. The judge having the shortest time to serve is 
chief justice. One of these judges administers the 



STATE JUDICIARY 97 

oath of office to governor and lieutenant governor. 
They have the power to issue subpoenas for witnesses, 
to take acknowledgements, and to solemnize marriage. 
They are trustees of the state library. 

5. The Clerk of the Supreme Court keeps a record 
of its proceedings, has charge of the written opinions 
of the court and announces its decisions. He has power 
to administer oaths and take acknowledgments. He 
keeps a docket and files all cases in order presented. 
He is allowed an assistant. 

6. The Reporter of the Supreme Court makes out 
the supreme court reports, and delivers them to the one 
who has the contract for printing the same. 

7. These two officers give bonds of not less than 
ten thousand dollars. The clerk's salary is twenty-two 
hundred dollars per year and the reporter receives six 
hundred dollars for each volume of reports which he 
completes. 

8. The judge of any court may solemnize mar- 
riages and take acknowledgments of any instruments 
in writing. They are conservators of the peace, and 
may, on proper evidence issue a warrant committing a 
boy or girl to the reform school; but no one can be so 
committed who is under nine years of age or is of 
unsound mind. When it is necessary they may sur- 
render a boy or girl to the home of the friendless. 

QUESTIONS. 

1. How many judges in the Supreme Court? 

2. How many terms of court per year? 

3. Describe the jurisdiction of this court. 

4. What is an appeal? Tell some of the powers 
of a judge. 

5. What are the duties of the clerk? 

6. What are the duties of the reporter? 

7. What are the salaries of supreme judges? How 
long do they hold office? 

8. Give some powers that any judge has. 



CHAPTER XIII. 

STATE INSTITUTIONS. 

i. Before Iowa was admitted as a state, the con- 
gress of the United States set apart over forty-six thou- 
sand acres of land to aid in establishing the State Uni- 
versity, which was provided for in the state constitu- 
tion, and permanently located at Iowa City by the first 
general assembly. 

2. The object of this institution is to supply the 
people with the best means of obtaining a thorough 
education. The regular college department embraces 
four years study. The best high schools of the state 
prepare pupils for entering this department, in which 
are the following courses: Classical, philosophical, 
scientific and engineering. The other departments are 
law, pharmaceutical, homeopathic, medical and dental. 

The management and control of the State Univer- 
sity, the State Agricultural College and the State Teach- 
ers' College are vested in a State Board of Education 
consisting of nine members appointed by the governor 
and confirmed by the senate. 

3. In 1862 the United States Congress gave to all 
the states for the purpose of founding a state college 
of agriculture and mechanic arts, thirty thousand 
acres for each representative in congress. Iowa re- 
ceived two hundred and forty thousand acres. Two 
years later the state made an appropriation for suitable 



STATE INSTITUTIONS 99 

buildings. These have been increased to fifteen, de- 
voted exclusively to educational purposes. The college 
domain consists of eight hundred and forty acres. 

4. A large part of it is devoted to the investigation 
of the United States experiment station, to which fif- 
teen thousand dollars are given by the national govern- 
ment each year. The object of this institution is to 
give a higher education to the industrial classes. It 
contains seven schools; engineering, agriculture, vet- 
erinary science, letters and philosophy for women, sci- 
ence related to the industrial arts, domestic economy 
and school of mines. It requires four years to com- 
plete each of these courses, excepting the veterinary, 
which takes three years. Additional special and post- 
graduate courses are provided. Much work is required 
also in history, literature, language, mathematics, 
physics, chemistry, biology, physiology, botany, bac- 
teriology and military science. Tuition is free to all 
residents of the state over sixteen years of age. The 
interest on the fund, arising from the sale of the land, 
is not sufficient for the support and the general assem- 
bly makes additional appropriations for repairs and 
support. This college is located at Ames. 

5. The State Teachers' College at Cedar Falls was 
established in 1876. The general assembly then re- 
quired the trustees of the soldiers' orphan home, which 
had been established there some years before, to put 
the property in their charge at Cedar Falls into the 
hands of the trustees of the new institution. The build- 
ings were remodeled and teachers hired in time for the 
first term to begin on the sixth of September. 

It is the object of the Teachers' College to prepare 
young men and women for the profession of teaching. 
It has already had a marked effect in the progess of 
education in the state, and under efficient management 
is steadily increasing in favor. There are a number of 
courses of study: One embracing three years' work, 



100 OUR STATE AND NATION 

leads to the degree "Bachelor of Didactics ;" one em- 
bracing four years' work, leads to the degree "Master 
of Didactics." 

6. The governor appoints three men, all of whom 
cannot be of the same political party, and who are res- 
idents of the different congressional districts, to con- 
stitute the Board of Control of State Institutions. 
This board has control of the soldiers' home, the state 
hospitals for the insane, the college for the blind, the 
school for the deaf, the institution for the feeble 
minded, the soldiers' orphans' home, the hospital for 
inebriates, the industrial school in both departments, 
and the state penitentiaries. They also have supervi- 
sory charge of the financial affairs of the State Teach- 
ers' College, Agricultural College and State Univer- 
sity. 

7. The board of control must visit each institution 
at least once in six months and investigate every part 
of each institution, and all of the grounds and build- 
ings belonging thereto, and some one of its members 
must visit the hospitals for insane once a month. 

8. This body has general control of the institu- 
tions, attends to all expenditures, and appoints the 
superintendents, warden, and other chief executive of- 
ficers of each institution under its charge. Such offi- 
cers are appointed for four years. It reports to the 
governor the condition of the different institutions and 
any abuses or wrongs alleged to exist in them, and 
submits the result of its findings to the legislature to 
take such proceedings as are advisable. 

9. The money received in any of these institutions 
is turned over to the state treasurer on the first of 
each month. 

10. This board also has supervision over all 
county and private asylums where insane persons are 
kept. 

The term of office of members of the board of 
control is six years, one going out of office every two 



STATE INSTITUTIONS 101 

years. The one having the shortest time to serve is 
chairman. Their salary is $3,000 per year. 

11. The general assembly established the School 
for the Deaf in Iowa City in 1855. It was removed to 
the present location, Council Bluffs, in 1870. This 
school affords opportunity for the training of the deaf 
mute children of the state. The older children are in- 
structed in trades taught in the several workshops con- 
nected with the institution. The education and train- 
ing is such as will best suit the needs of the pupils. 

12. The first College for the Blind was established 
at Keokuk in 1852, by Mr. Samuel Bacon. In 1853 the 
general assembly took charge of the school, and re- 
moved it to Iowa City. In 1862 it was removed to 
Vinton, its present location. All blind persons who are 
residents of the state and of suitable age are entitled 
to an education at this school, free of charge. Resi- 
dents of other states may enter by paying, quarterly, in 
advance, their estimated expenses. 

13. The Hospital for Inebriates was established by 
the thirtieth general assembly, and opened in 1906 at 
Knoxville in the building formerly used for the adult 
blind. To this institution are sent for treatment all 
male dipsomaniacs and inebriates, men addicted to the 
excessive use of cocaine, morphine or other narcotic 
drugs. They may be sentenced for a term not to ex- 
ceed three years, unless sooner paroled. 

14. Inebriate women are sent to the insane hos- 
pital at Mt. Pleasant. 

15. The Institution for Feeble Minded Children 
was opened at Glenwood, Mills County, in 1876. Its 
object is for the instruction of feeble minded children, 
not having mental capacity for learning in the public 
schools. Here under special treatment, these unfor- 
tunates are so trained as to be fairly well fitted for life. 
Children between the ages of five and twenty-one years 
and all feeble minded women under forty-six years of 
age who are residents of the state may be admitted to 
this institution. 



102 OUR STATE AND NATION 

1 6. There is a regular appropriation for this in- 
stitution of twelve dollars per month for each inmate. 

17. The honor of founding the Soldiers' Orphans' 
Home belongs to Mrs. Annie Wittenmeyer. Through 
her efforts a home was opened in July, 1864, and sup- 
ported by contributions from the people, until 1866, 
when the state took charge of it and made arrange- 
ments for homes in different counties. One was lo- 
cated at Cedar Falls and one at Glenwood, and a third 
at Davenport. In 1876 the children were removed to 
Davenport, the buildings at Cedar Falls being turned 
over to the trustees of the state normal school, and 
those at Glenwood to the trustees of the institution for 
feeble minded children. 

18. The home has cared for over four thousand 
children in the past thirty-two years. They have come 
from the homes of broken-down old soldiers, from un- 
fortunate but worthy poor families and from the hov- 
els of crime. They are subjected to such discipline 
and instruction as tends to make them useful and 
worthy citizens. Any child in the home, with the con- 
sent of its parents or guardian, may be adopted by any 
citizen of the state, subject to approval by the board 
of trustees. 

19. The Soldiers' Home is located at Marshall- 
town. All honorably discharged soldiers, sailors and 
marines who have served in the United States army or 
navy and are disabled by wounds, disease or otherwise, 
and not having sufficient means for their support, are 
cared for in this home. Soldiers who are admitted 
must have served in an Iowa regiment or been a resi- 
dent of the state three years next preceding application 
for admission. 

20. There are Asylums for the Insane at Independ- 
ence, Mount Pleasant, Clarinda and Cherokee. 

In each county the clerk of the district court and 
two others, whom the judge of the district appoints, 
one of whom must be a lawyer and the other a phy- 



STATE INSTITUTIONS 103 

sician, constitute the commissioners of insanity. Any 
person deemed a fit subject for treatment in a hospital 
for insane is taken before them for examination. (In 
some cases the presence of the insane person is not 
necessary, but such one must be examined by a phy- 
sician, whom they appoint). If the commissioners 
decide that the person is a fit subject for treatment 
they issue a certificate to that effect. The expense of 
keeping the inmates of the asylums is borne either by 
the counties from which they are sent, by the relatives 
of the insane or by the insane themselves, if they are 
owners of property. These institutions at present are 
caring for nearly three thousand insane people. 

21. There is an Industrial School for boys at El- 
dora and for girls at Mitchellville. These institutions 
are for a reformation of juvenile offenders. Any boy 
between the ages of nine and sixteen, and any girl 
between the ages of nine and eighteen, who is found 
guilty by a court of record of any crime except murder 
may be ordered by the judge to one of these schools. 
If a boy or girl is convicted before a justice of the 
peace the case is referred to a judge of a court of record 
who may sentence the offender if, in his opinion, he 
should do so. 

22. Incorrigible children may be admitted to the 
industrial school if the parents or guardian makes ap- 
plication to a judge for their admission. 

23 The Penitentiary of the state is located at 
Fort Madison. It is maintained for the safe keeping 
of convicts sentenced to imprisonment for any length 
of time. The penitentiary is under the superinten- 
dency of a warden appointed by the board of control. 
His term of office is four years and if the office be- 
comes vacant it is filled by appointment by the board. 
It is the board's duty to oversee the receipts and ex- 
penditures of the institution, and the discipline and 
management of convicts, appoint the necessary offi- 
cers for governing the same and attending to the 
by the board in the sum of twenty-five thousand dol- 
lars, for the faithful execution of his duties. 



104 OUR STATE AND NATION 

24. The officers apointed by him are: Deputy 
warden, assistant deputy warden, clerk, chaplain and 
guards. 

The clerk keeps a record of the affairs of the peni- 
tentiary. He gives a bond of twenty thousand dollars, 
which is approved by the governor. 

The deputy warden also gives a bond of five thou- 
sand dollars, approved by the board. He is the assist- 
ant of the warden and keeps a record of all the convict 
labor and other business under his control and reports 
it to the clerk at the close of each day. 

25. Each of the guards gives a bond of one thou- 
sand dollars. The chaplain spends as much of his time 
as the labor and condition of the convicts will allow, 
in imparting to them moral and religious instruction. 
He also acts as teacher of the convicts who cannot read 
or write. 

26. The warden makes out a monthly report 
which he sends to the board, and also a biennial report, 
which must be completed by the fifteenth of Septem- 
ber next preceding the session of the general 
assembly. 

27. The Iowa State Reformatory i s located at 
Anamosa. It is maintained for the safe keeping of 
convicts who at the time of commitment are between 
the ages of sixteen and thirty years, and who have 
never before been convicted of a felony. There are 
certain crimes for which a person between the ages of 
sixteen and thirty years may be committed to either 
the reformatory at Anamosa or the penitentiary at 
Fort Madison. 

28. The reformatory is under the superintendency 
of a warden appointed by the board of control for a 
term of four years. It is governed similar to the 
penitentiary at Fort Madison, the distinction between 
the two institutions being chiefly in the class of crim- 
inals assembled, and the methods used for reforma- 
tion. 

29. The inmates of the reformatory are employed 
only on state account, which employment is condu- 



STATE INSTITUTIONS 105 

cive to the teaching of useful trades and callings so 
far as practicable, and the intellectual and moral de- 
velopment of the inmates. It maintains an educa- 
tional department in which all inmates may receive 
instruction in the common branches. 

30. The reformatory contains an industrial de- 
partment for women and girls presided over by a 
matron appointed by the warden. 

31. The Board of Parole is appointed by the gov- 
ernor with the advice and consent of the senate. It 
consists of three electors of the state not more than 
two of whom shall belong to the same political party, 
and one member of whom shall be a licensed attorney. 
Term of office six years. This board has power to 
establish rules and regulations under which it may 
allow prisoners within the penitentiary and reforma- 
tory to go upon parole outside these institutions, but 
to remain while on parole in the legal custody of the 
wardens and under the control of the board. 

32. The State Sanatorium for the Treatment of 
Tuberculosis is located at "Oakdale," a beautiful tract 
of land consisting of 160 acres about five miles north- 
west of Iowa City. 

The object of this institution is for the care and 
treatment of persons afflicted with. incipient pulmon- 
ary tuberculosis. It is governed by a superintendent * 
appointed by the board of control for a period of four 
years. He, must be a well educated physician with 
an experience of at least five years in actual practice 
of medicine. His salary is $2,500 per annum. 

The Sanatorium is open for all bona fide residents 
of the state, but all patients who are able to pay, are 
charged such rate monthly as the board of control 
may fix, not exceeding the average actual per capita 
cost of care, treatment and maintenance. The aver- 
age number of patients may not exceed two hundred 
per month. 



106 OUR STATE AND NATION 

QUESTIONS. 

i. Name and locate the state institutions 

2. What is the object of each? 

3. Who are generally prepared for entering the 
college department of the state university? 

4. How many departments are there in the 
university? 

5. How are the trustees of these institutions 
chosen? 

6. Explain the duties of the board of control. 

7. How may an insane person be admitted to a 
hospital? 

8. Who are sent to the industrial schools? Must 
a child commit a crime in order to be sent? 

9. Where is the penitentiary located? Name the 
officers. 

10. Where is the reformatory located? In what 
respect does the reformatory differ from the peniten- 
tiary ? 

11. Where is the state Sanatorium located? What 
benefits are derived from this institution? 



CHAPTER XIV. 
POLITICAL MEETINGS— ELECTIONS. 

1. Very early in our history, in fact, before our na- 
tion became the United States, there were political 
parties. During the Revolutionary War the patriots, 
or those favoring independence, were in the majority, 
but there were large numbers of loyalists or those who 
favored English rule. Such vital principles as these 
seldom form the line between parties except in times 
of war. In times of peace the differences between the 
issues of the two parties are generally of no serious 
consequence, and the party lines serve principally to 
render the nomination and election of officers easier 
than would be possible without political parties. 

2. The organization of the great parties is as com- 
plete as that of the government itself, extending from 
the lowest unit of government to the highest. For 
each political division and subdivision, the party has a 
corresponding organization which looks after the nom- 
ination and election of every officer from a member of 
a town council to the president of the United States. 
Thus there is a committeeman in each township and 
city ward who make up the central committee of the 
county and city. These in turn work with the com- 
mittee of the congressional district, state, and nation, 
in control of the affairs of the party. 

3. In most cities and towns in Iowa the nomina- 
tion of candidates for office is made by means of a 
caucus, but a state-wide primary election is employed 
in the nomination of candidates for township, county 
and state offices (except candidates for the office of 
judge of the supreme, district and superior courts) 



108 OUR STATE AND NATION 

to be filled at the general election in November next 
ensuing, and for senator in the congress of the United 
States in the next year preceding the filling of that 
office by the general assembly, and for the electors 
of the president and vice-president of the United 
States, in the year in which a president and vice-presi- 
dent are to be elected. This election is similar to, 
and conducted with all the precaution of a regular 
election. 

4. The term Primary Election, then, is applied 
to. an election by the members of various political 
parties for the purpose of placing in nomination can- 
didates for public offices, for selecting delegates to 
conventions and for the selection of party committee- 
men. 

5. The term Political Party as used in our prim- 
ary law, means a party which at the' last preceding 
general election cast for its candidate for governor at 
least two per centum of the total vote cast at said 
election. Only members of a political party which 
cast at least two per centum of the total vote cast for 
governor at the last preceding general election, are 
entitled to vote at a primary election. 

6. The primary election by all political parties is 
held at the usual voting places of the several precincts 
on the first Monday in June in the year 1912, and bi- 
ennially thereafter. 

7. The Judges and Clerks of all primary elections 
are selected and appointed the same as for the gen- 
eral election held in November. Their compensa- 
tion is twenty-five cents per hour for all official ser- 
vices rendered. 

8. The Australian ballot system is used, except 
as hereinafter designated. In all cases the voter shall 
mark his ballot in the square before the name of each 
person for whom he desires to vote. In cities where 
registration is required by law, the polls shall be open 
from 7:00 A. M. to 8:00 P. M., and in all other pre- 
cincts from 0:00 A. M. to 8:00 P. M. 

9. Primary ballots dififer from those used at the 






POLITICAL MEETINGS-ELECTIONS 109 

general election in November, the party tickets being 
printed on separate slips of paper for each political 
party, while at the general election the party tickets 
are printed collectively on one sheet of paper. The 
elector voting at a primary election shall be allowed 
to vote for candidates for nomination on the ticket 
of only one political party, and that shall be the party 
with which he is registered or affiliated. Upon pass- 
ing the guard rail he shall designate the party with 
which he is registered or affiliated, and if found cor- 
rect and his vote is not challenged the judges of elec- 
tion shall give him the ballot of the party designated. 
The elector shall accept this ballot, retire to an un- 
occupied booth within the guard rails, properly mark 
his ballot by placing an X in the square before the 
name of all persons for whom he desires to vote, fold 
his ballot so that only the endorsement of the judges 
and the fac simile of the county auditor's signature 
may be seen, and return it to the judges of election 
who will announce his name, and, if unchallenged, 
deposit the ballot in the ballot box. 

An elector whose right to vote is challenged, may 
take the oath of a challenged voter and require the 
judges of election to deposit his ballot in the ballot 
box. This fact must be recorded by the clerks of 
election opposite the elector's name in the poll books. 
Whether the elector had a right to vote, remains a 
question for a court of justice to determine. 

io. Upon ,the closing of the polls the clerks and 
judges shall immediately open the ballot box, count 
the number of ballots cast for each party, at the same 
time bunching the tickets cast for each party in 
separate piles. As soon as the ballots have been 
sorted, they shall take the tally sheets provided in the 
poll books and count all of the ballots for each party 
separately, and certify to the number of votes cast for 
each candidate for office upon the ticket of each party. 
After all have been counted and certified to by the 
clerks and judges, they shall seal the ballots cast by 
each party in separate envelopes, and then seal the 



110 OUR STATE AND NATION 

envelopes containing- the votes of the different polit- 
ical parties in one large envelope and return this with 
all of the unused ballots, spoiled ballots (sealed in 
separate party envelopes) disputed ballots .(sealed in 
separate party envelopes) and poll book (one poll 
book is sent to township or city clerk) to the county 
auditor within twenty-four hours after the primary 
election has closed. The county auditor shall care- 
fully preserve these returns in the condition in which 
they were received, and deliver them to the county 
board of canvassers. 

ii. On the second Tuesday next following the 
primary election the county supervisors shall meet as 
a County Board of Canvassers and canvass the re- 
turns from each of the voting precincts in the county, 
and make abstracts of the number of ballots cast by 
each political party, separtely, for each office; the 
name of each person voted for and the number of 
votes given to each person for each different office, 
and shall sign and certify thereto and file the same 
with the county auditor. Such canvass and certifi- 
cate shall be final as to all candidates for nomination 
to any elective county office, or office of a sub-divisioi. 
of a county. The candidate or candidates of each po- 
litical party for each office having received the high- 
est number of votes shall be duly and legally nomin- 
ated as the candidate of his party for such office. 
Provided, however, that no candidate whose name is 
not printed on the official primary ballot, who re- 
ceives less than five per centum of the votes cast in 
such sub-division for governor on the party ticket 
with which he affiliates, at the last general election, 
nor less than five votes shall be declared to have been 
nominated to any such office; and the candidate or 
candidates of each political , party for each office of 
the county having received the highest number of 
votes, and not less than thirty-five per centum of all 
votes cast by the party for such office, shall be duly 
and legally nominated as the candidate of his party 
for such office. 



POLITICAL MEETINGS-ELECTIONS 111 

12. The County Board of Canvassers shall also 
make a separate abstract of the canvass as to the fol- 
lowing offices and certify to the same and forthwith 
forward it to the Secretary of State: United States 
Senator, Electors of the President and Vice-Presi- 
dent of the United States, all state officers, represen- 
tative in Congress, senators and representatives in 
the General Assembly. 

13. Canvass by State Board. On the second 
Monday after the primary election in June, the Execu- 
tive Council shall meet as a state canvassing board, 
and open and canvass the Abstract Returns received 
from each county in the state. If returns have not 
been received from all of the counties, the secretary 
of state shall immediately send a messenger after the 
abstract returns and the board may adjourn from day 
to day until they are received. The state board makes 
an abstract of its canvass similar to that made by the 
county board of canvassers, and files same with the 
secretary of state. 

14. Not less than fifteen days before the general 
election in November the secretary of state shall cer- 
tify to the auditor of each county, under separate 
party headings, the name of each person nominated 
as shown by the official canvass made by the execu- 
tive council, his place of residence, the office to which 
he is nominated, and the order in which the tickets of 
the several political parties shall appear on the official 
ballot. 

In case a tie vote resulting in no nomination 
for any office, or election of delegates or party com- 
mitteeman, the tie shall forthwith be determined by 
lot by the board of canvassers, or judges of election 
as the case may be. Vacancies occurring in nomin- 
ation made in the primary election before holding the 
county convention, district or state convention, shall 
be filled by the county convention if the office in 
which the vacancy in nomination occurs is to be fi!led 
by the voters of the county; by a district convention 
if the office in which the vacancv in nomination oc- 



112 OUR STATE AND NATION. 

curs is to be rilled by the voters of a district composed 
oi more than one county; by the state convention if 
the office in which the vacancy occurs is to be filled by 
the voters of the entire state. If a vacancy in nom- 
ination in such offices occurs after the holding of 
those conventions, or on failure of any such conven- 
tion to fill a vacancy in nomination, as aforesaid, then 
it shall be filled by the party committee for the coun- 
ty, district or state, as the case may be. 

Vacancies in nomination for office to be filled by 
the voters of a territory smaller than a county shall 
be filled by the members of the party committee for^ 
the county from such subdivision. 

15. Any person desiring to be a candidate for an 
elective office shall have the qualifications required 
by law. Before his name can be placed on the prim- 
ary ballot he shall file nomination papers signed by 
resident electors of the party with which he affiliates 
as follows : For a state office, one per centum of the 
voters of the party (as shown by the last general 
election) of such candidates, in at least ten counties 
of the state, and in the aggregate not less than one- 
half of one per centum of the total vote of his party 
in the state, as shown by the last general election; 
for representative in congress, district elector, or sen- 
ator in the general assembly in districts composed of 
more than one county, by at least two per centum of 
the voters of his party, as shown by the last general 
election, in at least one-half of the counties of the 
district, and in the aggregate not less than one per 
centum of the total vote of his party in such district 
as shown by the last general election; for an office to 
be filled by the voters of the county, by at least two 
per centum of the party vote of the county, as shown 
by the last general election. In each of the above 
cases, the vote to be taken for the purpose of com- 
puting the percentages shall be the vote cast for the 
head of the ticket. 

16. Every candidate shall make and file with his 
nomination papers an affidavit stating that he is 



POLITICAL MEETINGS-ELECTIONS 113 

eligible to the office for the township, county or state 
in which he is and w r ill be a bona fide candidate for 
said office, and if nominated and elected will qualify 
as such officer. 

Nomination papers for an elective county office 
shall be filed with the county auditor not less than 
thirty days prior to the day fixed for holding the prim- 
ary election ; for a state office, or for representative in 
Congress of the United States, or member of the Gen- 
eral Assembly, with the Secretary of State not less 
than forty days prior to such primary election. 

17. In paragraph 4 we learned that a primary 
election is held not only for the purpose of placing in 
nomination candidates for various elective offices, but 
for the purpose of selecting (electing) delegates to 
the county convention and for the selection (election) 
of party committeemen. The number of Delegates 
from each voting precinct shall be determined by a 
ratio adopted by the respective party central com- 
mittees, a statement designating the number from 
each precinct in the county filed with the county 
auditor at least thirty days before the primary elec- 
tion ; if not so done, the county auditor shall fix the 
number. The requisite number of persons from 
each precinct who receive the highest number of votes 
shall be the delegates from the precinct to the county 
convention. The term of office of such delegates 
shall be for two years, and begin immediately after 
the official canvass of the votes by the county super- 
visors. 

One member of the County Central Committee for 
each political party from each precinct shall be elect- 
ed. His term of office begins on the dav of the 
county convention and immediatelv following the ad- 
journment thereof, and continues two years or until 
his successor is elected and qualified. The county 
central committee elected in the primary election 
shall organize on the day of the county convention, 
immediately following the same. Vacancies in such 



114 OUR STATE AND NATION 

committee may be filled by a majority vote of the 
committee. 

18. The County Convention of each political par- 
ty shall be held at the county seat on the fourth 
Saturday following the primary election, and convene 
at 11:00 o'clock A. M. Said convention shall be 
composed of delegates elected at the last preceding 
primary election. The convention shall be called to 
order by the chairman of the county central com- 
mittee, who shall present a certified list of delegates 
and members of the county central committee, and a 
list of the offices for which no nomination was made 
at the primary election, said certified lists to be made 
by the county auditor. If any precinct shall not be 
fully represented, the delegate present irom such pre- 
cinct shall cast the full vote thereof, but there shall, 
be no proxies. 

They shall make nominations of candidates for 
the party for any office to be filled by the voters of 
the county when no candidate for such office has 
been nominated at the preceding primary election ; 
for the office of judge of the district court in counties 
comprising one judicial district of the state ; dele- 
gates to the ensuing state and district conventions of 
that year, upon such ratio of representation as may 
be determined by the party organization of the state, 
district or districts of the state, but no delegates shall 
be selected to any of the district conventions, except 
judicial, unless a call therefor has been issued as 
provided by law. 

The convention shall also elect a member of the 
party central committee for the senatorial, judicial 
and congressional districts of which the county is a part. 

In no case shall the county convention make a 
nomination for an office for which no person was 
voted for in the primary election of such party, except 
for judges of the superior or district courts. 

The convention is governed by the rules and regu- 
lations commonly in force in gatherings of this nature. 
All nominations for elective offices are certified to bv 



POLITICAL MEETINGS— ELECTIONS 115 

the chairman and secretary and filed with the county 
auditor. 

19. District Convention. In any senatorial, ju- 
dicial or congressional district composed of more than 
one county, in any year in which a senator in the 
general assembly, a judge of the third court, or a 
representative in the Congress of the United States 
is to be elected, a senatorial or congressional conven- 
tion may be held, and a judicial convention shall be 
held by each political party participating in the prim- 
ary election of that year. Not less than ten days 
and not more than sixty days before the day fixed 
for holding the county convention, a call for such 
senatorial, judicial or congressional convention to be 
held, shall be issued by the party central committee 
of such district. This call shall state the number of 
delegates each county shall be entitled to, and the 
time and place of holding the convention. It shall 
be signed by the chairman of the party central com- 
mittee for the district, and be filed by him with the 
county auditor not less than five days before the 
county convention and the county auditor shall at- 
tach a true copy thereof\fco the certified list of dele- 
gates required to be delivered by him to the chair- 
man of the respective party county central commit- 
tees. The required number of delegates shall be 
selected by the county convention as designated in 
Section 18. 

The district convention shall ;not be held earlier 
than the first Thursday nor later than the fifth Thurs- 
day following the county convention. 

The convention w T hen organized shall make nom- 
inations of candidates for the party for any such dis- 
trict office when no candidate for such office has been 
nominated; at the primary election. The organiza- 
tion of and procedure in any district convention shall 
be the same as in the state convention. Such dis- 
trict conventions may adopt party platforms, and 
transact such other business as may properly come 
before them. Eut in no case shall anv such conven- 



116 OUR STATE AND NATION 

tion of a party make a nomination for an office for 
which no person was voted for in the primary elec- 
tion of such party, except for judges of the district 
court. 

jo. A State Convention of each political party, 
composed of delegates chosen as designated in Sec- 
tion 18, shall be held at such v time and plax:e as may 
be determined upon by the party organization. 

The convention shall be called to order by the 
chairman of the state central committee, who shall 
thereupon present a list of delegates as certified by 
the various county conventions, and effect a tempor- 
ary organization. If any county shall not. be fully 
represented, the delegate present from such county 
shall cast the full vote thereof, but there shall be no 
proxies. The convention when permanently organ- 
ized shall formulate and adopt the state platform of 
the party it represents, and shall make nominations 
of candidates for the party for any state office to be 
filled by the voters of the entire state when no can- 
didate for such office has been nominated at the pre- 
ceding primary election; and shall nominate candi- 
dates for the office of judge of the supreme court. It 
shall also elect a State Central Committee consisting 
of not less than one member from each congressional 
district, and transact such other business as may 
properly be brought before it. In no case shall the 
state convention of a party make a nomination for an 
office for which no person was voted for in the prim- 
ary election of such party, except for judges of the 
supreme court. 

The state central committee elected by the state 
convention, may organize at pleasure, and shall con- 
tinue to act until succeeded by another committee 
duly elected. 

21. Nomination by Petition. Nominations made 
by political parties having v cast less than two per 
centum of the entire vote polled at the last preceding 
general election must nominate their candidates for 
elective offices bv petition. At least five hundred 



POLITICAL MEETINGS— ELECTIONS 117 

electors of the state must sign the petition asking for 
the nomination of officers to be elected by voters of 
the whole state. Petitions for nomination of county 
officers or of a division less than the state, must be 
signed by not less than twenty-five qualified voters of 
such county, district or division. t Petitions for nom- 
inations of officers of a city, town, precinct or ward 
must be signed by not less than ten electors thereof. 
Each elector so petitioning shall add to his signature 
his place of business and postoffice address. 

Petitioners who have candidates placed on the 
ballot without a nominating convention are not en- 
titled to have their tickets headed by the name of the 
party which they claim to represent, when such party 
nominates a ticket by convention. 

2.2. Any candidate may withdraw his nomination 
by a written request, signed and acknowledged by 
him before any officer empowered to take acknowl- 
edgments, and filed in the .office of the secretary of 
state fifteen days, or the proper auditor or clerk eight 
days before the day of election and no name so with- 
drawn shall be printed on the ballot. 

23. The secretary of state makes out from the cer- 
tificates filed with him a list of all the candidates, with 
the residence and the political party to which each 
belongs, and certifies the same to each county auditor 
not less than fifteen days before election. The county 
auditor then has at hand all the data necessary for 
making out ballots for each voting precinct in his 
county. 

24. The county auditors have the ballots printed 
and furnish them to the judges of election of each pre- 
cinct. If a constitutional amendment is to be sub- 
mitted, it is printed on a separate ballot. 

25.- One and a half times the number of ballots 
supposed to be required at each voting precinct are 
delivered to the judges thereof, and enough extra bal- 
lots are kept by the auditor to supply the largest voting 
precinct in the county. These reserve ballots are 
blank for all offices except those voted for by the 



118 OUR STATE AND NATION 

entire county, and if it is necessary to use them the 
names of candidates voted for by a division of the 
county must be written by the voter in the blank 
spaces. The auditor also prepares full instructions for 
the guidance of voters at elections. The instructions 
are printed on cards in large, clear type and given to 
the judges of election. One of these cards must be 
posted in each voting both, and at least four such cards 
in and about the polling place on the day of election. 

26. The trustees of the township provide polling 
places, booths and other things necessary for holding 
the election. In cities and towns the mayor and clerk 
or recorder attend to this duty. 

2.7. The election board of each precinct is com- 
posed of three judges and two clerks. Township trus- 
tees and clerks are members of the board ex-officio 
unless the three trustees belong to the same political 
party, then the board of supervisors appoints some one 
from that precinct belonging to the other next strong- 
est political party of that precinct, as judge in place of 
that trustee having the longest time to serve. In cities 
vacancies are filled in the same way, except in the city 
election, when the whole is in the hands of the coun- 
cilmen. Councilmen are ex-officio judges of elections 
in their precincts, as are trustees in townships. The 
tw r o clerks of election must not belong to the same 
party. The membership of the election boards is com- 
pleted by the board of supervisors. 

28. If a vacancy in judges or clerks occur at the 
opening of the polls, it is filled from the political party 
entitled to the vacant place by the other members of 
the board. 

29. At the place of voting there must be' a guard 
rail so placed that anyone outside the guard rail cannot 
approach nearer than six feet of the ballot box. The 
booths are placed within this guard rail. They must 
be seven feet high, and conceal the voter from sight. 
Any elector wishing to vote passes up to the railing 
and gives his name to the judges. If unchallenged and 
registation is not required in the precinct, his name is 



N POLITICAL MEETINGS— ELECTIONS 119 

written on the two poll books by the clerks and he is 
alowed ot pass within the railing. If challenged he 
must affirm under oath that he is a qualified elector 
before he can vote. One of the judges gives him one 
ballot bearing judge's initials and he passes into a 
booth alone to make out his ballot. If he is unable 
so to do, two of the election officers of different polit- 
ical parties assist him. If he should spoil the ballot 
given him he returns the spoiled one to the judges and 
receives another. After marking his ballot he folds it 
so the marks cannot be seen, before leaving the booth. 
He gives it to one of the judges, who deposits it in the 
ballot box. The voter then immediately passes out- 
side the railing. 

30. Registration of voters is required in all cities 
having a poulation of over thirty-five hundred. In 
such cities a board of registry, consisting of two per- 
sons of opposite political parties, is appointed. Qual- 
ified voters must appear before the board at the des- 
ignated time and place for registration. At the elec- 
tion in any such precinct anyone not having registered 
is not allowed to vote unless he can prove that he was 
absent from town on the days on which the board of 
registry met. If this is the case he may register on 
election day, as the board is in session somewhere near 
the polls on that day. 

31, As soon as»the poll is closed the judges can- 
vass the vote, each clerk keeping a tally list, and de- 
clare the result. They issue certificates of election to 
such officers as are elected in that precinct. All bal- 
lots that are found defective or are disputed for any 
cause, are placed in envelopes, sealed and marked. All 
other ballots are folded in two folds, strung on a wire 
which is tied firmly and sealed so that it cannot be 
untied without breaking the seal, and placed in an- 
another envelope and sealed. They then return all bal- 
lots to the officer from whom they were received. One 
of the poll-books containing the returns of the election 
is returned to the county auditor also after each general 



120 OUR STATE AND NATION 

election and the next Monday the county supervisors 
meet to canvass the returns of the whole county. 

32. The twenty-eighth general assembly passed a 
la w authorizing the use of voting machines. 

33. The marks outside the squares serve to make 
the ballot so that it can be identified. As the object 
of the law is to make a secret ballot this is a violation 
of the law. Any marks outside of the squares except 
those used in writing the name of the candidate, when 
there is a blank for such name, might serve to identify 
the ballot, and the judges should reject such ballot. 

34. If a straight ticket is desired to be cast, .mark 
in the square opposite the name of each candidate on 
the party ticket. If the voter wishes to cast a mixed 
ballot, he should mark in the square opposite the name 
of each candidate he desires to vote for and put no 
other mark on the paper. 

35. Both primary and general election expenses 
are paid by the county out of the general fund. 



POLITICAL MEETINGS-ELECTIONS 



121 



A STRAIGHT REPUBLICAN BALLOT 



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A BALLOT THAT MUST BE EEJECTED 



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122 OUR STATE AND NATION 

QUESTION. 

i. What is a political party? 

2. What <is a caucus? A primary election? 

3. What political organizations does our primary 
election law recognize as "political parties"? Who 
are qualified to vote at a primary election? 

4. When are primary elections held? How are 
judges and clerks of a primary election chosen? What 
is their compensation? 

5. In what respect do primary ballots differ from 
those used at a general election? 

6. Give process in voting. What is a challenge? 

7. State method employed in counting primary 
ballots. What is done with the returns? 

8. Who canvasses the vote of the county? When 
does this board meet? Give process of canvassing 
the vote of a county. 

9. What is an abstract of votes? When are the 
votes canvassed by the state board of canvassers? 
Who compose this board? 

10. What per centum of the vote must a person 
receive to secure nomination to an elective office? 

11. What is a nomination paper? Who may sign 
nomination papers? How and with whom are nom- 
ination papers filed? 

12. What is a convention? How are delegates 
chosen? 

13. When are county, district and state conven- 
tions held? What is the purpose of these conven- 
tions? Who is chairman? 

14. How proceed to nominate a candidate by 
petition? Under what condition may his name be 
placed on the official ballot as a party candidate? If 
not placed as a party candidate, how would you place 
it on the ballot? 

15. What political organizations must nominate 
candidates by convention? 

16. How may a person nominated by a conven- 
tion or by petition withdraw his name? Can he 
withdraw his name, providing he has .filed nomina- 



POLITICAL MEETINGS-ELECTIONS 123 

tion papers and received his nomination at a primary 
election? Why not? 

17. How are candidates for the office of judge of 
the district, superior and supreme court nominated? 

18. What does the secretary of state do in regard 

19. What does the county auditor do? 

20. How many ballots are printed? 

21. What about reserve ballots? 
2.2,. What are instruction cards? 

23. Give duties of trustees. 

24. Who are the judges of election? 

25. Describe arrangement of place of voting. 

26. If challenged what must the voter do? Who 

27. Where is registration required? 

28. What of the elector who is absent on registra- 

29. Are the supervisors required to look over and 

30. In what condition are the used ballots re- 
turned to the county auditor? 

31. How are primary and general election ex- 
penses paid? 



CHAPTER XV. 

THE STATE AND THE UNITED STATES. 

i. We have studied about the public business of 
the township and how it is attended to, why for con- 
venience and economy much of the local business is 
placed in the hands of the county government, and 
why the making of general laws and the public busi- 
ness that can best be conducted by the state are in the 
hand of the state government. 

2. The constitution of Iowa is the supreme law 
of the state and, according to it, it is unlawful for the 
state government to attend to business which belongs 
to the counties, cities and towns, but in order that the 
local affairs shall be administered uniformly the state 
makes general laws for guidance of counties, cities, 
towns, and townships. 

3. As the county is composed of townships and 
the state of counties, so is the United States composed 
of the different states, entirely independent of each 
other. Never do two states together elect an officer 
of the United States, as we find two or more counties 
sometimes united into one district for the election of 
state senators or other officers. 

4. Our national legislature is called Congress, and 
is composed of two branches, the house of representa- 
tives and the senate. The former is called the lower 
house and is composed of members elected for a term 
of two years from different states in proportion to the 
number of inhabitants. The senate is composed of two 
members from each state, thus giving the largest and 
the smallest states equal power in the senate. For the 
purpose of electing members of the lower house, each 
state is divided by its legislature into districts, the 



THE STATE AND THE UNITED STATES 125 

number of districts of each state generally equaling 
the number of representatives to which it is entitled. 
(Iowa is entitled to eleven representatives) Senators 
are elected by the state legislatures for a term of six 
years. 

5. A Representative must be at least twenty-five 
years of age, a citizen of United States seven years and 
a resident of the state from which he is chosen. When 
a vacancy occurs in the representation from any state, 
the governor issues a proclamation to the voters of the 
congressional district in which the vacancy exists, di- 
recting them to meet at a specified time, for the pur- 
pose of electing a representative to fill the vacancy. 

6. The United States takes the census every ten 
years. After each census Congress determines how 
many representatives there will be for the ensuing ten 
years and apportions them among the states. 

7. A Senator must be at least thirty years old, have 
been nine years a citizen of the United States, and a 
resident of the state from which he is chosen. 

8. If a vacancy occurs in the senate when the legis- 
lature is not in session, the governor of the state in 
which the vacancy exists appoints a senator until such 
time as the legislature shall meet again. They either 
confirm the governor's appointment, or elect another 
senator. 

9. There is an executive department of our na- 
tional government to oversee the general business of 
the country, and a judicial department to try all cases 
of violation of national laws. 

10. The President is the chief officer of our execu- 
tive department. The vice president sustains about 
the same relation to the national government as our 
lieutenant governor does to the state government. The 
president and vice president are elected indirectly by 
the people, but all other executive and the judicial offi- 
cers of the United States are appointed either by the 
president, with consent of the senate, by the president 
alone or by other executive officers. 



126 OUR STATE AND NATION 

The public executive business of the nation is so 
divided as to be included in nine departments. The 
head officer of each department is closely allied with 
the president, these nine officers comprising the presi- 
dent's cabinet, or advisory council. The collection of 
all customs and revenue, regulation of commerce be- 
tween the different states, the postal service, care of 
Indians, pensioning soldiers, the building of national 
improvements and intercourse with other countries are 
under national control. These duties and powers are 
assigned to the national government by the constitu- 
tion of the United States. This instrument limits the 
powers of the states, but all powers not prohibited 
them nor given to the federal government are supposed 
to remain with the states. 

QUESTIONS. 

i. Are any United States officers ever elected 
jointly by two or more states? 

2. Compare congress with our state legislature. 

3. Of what is each house composed? 

4. How many representatives are from Iowa? 

5. How often are they apportioned? 

6. What executive officers of the nation are elected 
by the people indirectly? 

7. Who appoints the other executive and the judi- 
cial officers? 

8. How many departments in the executive de- 
partment? 

9. What special powers and duties are assigned to 
the national government by the constitution of the 
United States? 

10. How are vacancies in the senate filled? In the 
house? 

11. Give the qualifications of a senator. A repre- 
sentative. 

12. How many cabinet officers are there? Give 
their duties. 



CHAPTER XVI. 
NATIONAL EXECUTIVE DEPARTMENT. 

i. The term of office of president and vice presi- 
dent is four years. They are elected by electors, who 
are chosen by the several states on the Tuesday after 
the first Monday in November, each state choosing as 
many electors as it has representatives and senators 
in congress. No person holding an office of profit or 
trust under the United States can be an elector. The 
electors of each state meet at their state capital on the 
second Monday in January following their election and 
vote separately for president and vice president, both 
of whom cannot be a resident of the same state with 
themselves. They then make separate lists of all per- 
sons voted for as president and for vice president, 
showing the number of votes cast for each. The lists 
are signed, certified and one is sealed and sent by mail 
to Washington, D. C, directed to the president of the 
senate, another is sent by special messenger, generally 
an elector, and a third is deposited with the judge of 
the United States district in which the electors meet. 

2. On the second Wednesday in February, these 
lists are opened by the president of the senate in the 
presence of both houses of congress and the votes 
counted. The persons having a majority of all the 
votes cast for president and vice president respectively, 
are declared elected. 

If no one receives a majority of all the votes cast for 
president, the house of representatives at once choose, 
by ballot, a president from not more than the three 
persons having the highest number of votes for that 
office. The ballot is taken by states and two-thirds of 
the states must be represented in order to constitute a 



128 OUR STATE AND NATION. 

quorum, each state having one vote. A majority of 
all the states is necessary for a choice. If no person 
has the required number of votes for vice president, the 
senate chooses a vice president from the two highest 
on the list. A quorum for this purpose consists of 
two-thirds of the whole number of senators and a ma- 
jority of the whole number is necessary to elect. 

3. The object of having the president and vice 
president elected by electors instead of by the people 
directly was originally to place the election in the 
hands of trusted men, who would be better able to 
make a wise choice than would the people at large. 
Political parties, however, grew up and the electors 
nominated, by the parties are pledged to support the 
presidential candidate of their own party. Thus the 
election of our chief executive is practically a popular 
election, and the machinery of election of the electors, 
etc., is merely a form entirely devoid of the result 
expected. 

4. In 1876 two certificates were returned by some 
of the states, and an Electoral Commission consisting 
of five representatives, five senators and five judges of 
the supreme court was appointed by congress to decide 
the contest. 

5. In 1887 congress passed the Electoral Count 
Bill, which proclaims that every state may provide by 
law for the final determination of all cases of contest 
concerning the choosing of electors. If any state fails 
to make adequate provision and two certificates from 
one state are sent to the president of the senate, the 
two houses of congress separately determine which 
returns shall be accepted, and if the two houses fail to 
agree, those returns which are certified to by the gov- 
ernor of the state in question are accepted. 

6. The President and Vice President must be na- 
tive-born citizens of the United States, and at least 
thirty-five years of age. 

7. Before entering upon his official duties the pres- 
ident takes the oath of office, which is administered by 



NATIONAL EXECUTIVE DEPARTMENT 129 

the chief justice of the supreme court, usually in the 
presence of a vast throng of interested spectators, after 
which he delivers an inaugural address, setting forth 
the policy of his administration. 

8. The Appointments made by the president are 
confirmed by the senate, which body has power to 
reject the appointments if it sees fit. 

9. The first appointments made are the Cabinet 
Officers, who are men of similar political views with 
the president and whose support and assistance is de- 
sired in the arduous duties of the executive department. 
The ministers and ambassadors to foreign countries 
are the next most important officers appointed. A 
minister is a representative to a foreign power and 
resides at the seat of government of the country to 
which he is minister. He should be in hearty accord 
with the administration of our government and a man 
worthy of the nation's trust. 

10. An ambassador is a minister of the highest 
rank, who represents our nation in a foreign country 
where he resides at the capital city. His chief duty is 
to watch events there and keep his own country in- 
formed of any that may effect it. He often takes part 
in making treaties. There are about thirty ambassa- 
dors sent to us from foreign countries who live in 
Washington. 

11. All United States judges and consuls are ap- 
pointed by the president. The latter's duties relate to 
the private business of his countrymen, such as certi- 
fying the value of goods to be exported, so that when 
they reach this country the duties to t>e paid may be 
easily calculated here. 

12. They are in all the chief commercial centers in 
the world. At present they number about eleven hun- 
dred and fifty. 

13. There are a large number of clerks, bookkeep- 
ers, stenographers, etc., employed in the nine depart- 
ments. These are all appointed. Over 80,000 of them 
are now included in the classified service, and are not 



130 OUR STATE AND NATION 

subject to removal except for reasons other than po- 
litical. In order to secure competent persons for these 
positions, examinations are held in some of the princi- 
pal cities of each state, where those wishing positions 
are examined. Those receiving the highest grades are 
appointed,* and when vacancies occur in the more re- 
sponsible places, the most faithful and competent in 
the lower positions are promoted. This method of se- 
curing efficient service has proved very successful, and 
meets the approval of the great majority of the people. 

14. Many appointments are delegated by the pres- 
ident to the heads of the several departments to which 
they belong. City postmasters are appointed by the 
president, while those of smaller towns are appointed 
by the fourth assistant postmaster general. 

15. The following are the remaining duties and 
powers of the president : 

16. Command of the federal army and navy, and of 
the militia of the several states when called into service 
of the United States. Power to make treaties, but 
with the advice and consent of the senate — two-thirds 
of the senate must agree. Power to grant reprieves and 
pardons for offenses against the United States, except 
in cases of impeachment; to convene both houses on 
extraordinary occasions; to disagree with any bill or 
resolution passed by congress. Congress has power to 
pass any bill so returned by a two-thirds majority of 
both houses. 

17. Duty to inform congress of the condition of 
the country and recommend such measures as he 
deems expedient for the best interests of the country. 
(This is known as president's message.) Duty to 
receive foreign ambassadors, to see that the laws are 
faithfully executed and to commission all officers of the 
United States. Thus besides the power of appoint- 



*When a selection is to be made the three highest are 
certified and one is chosen from this three. Thus the one 
highest on the list may be certified three times, and then not 
get an appointment. 



NATIONAL EXECUTIVE DEPARTMENT 131 

ment, the president has functions relating to adminis- 
tration of foreign affairs, administration of domestic 
affairs and legislation. 

18. The governor of Iowa has powers and duties 
corresponding to nearly all these except those relating 
to the administration of foreign affairs. The appoint- 
ive powers of the president are relatively greater since 
in addition to appointments relating to foreign affairs, 
he chooses his cabinet officers, while the state officers 
corresponding to these are elected by the people. 

19. Corresponding duties and powers of president 
and governor : 

PRESIDENT. 

1. Appointive power. 

2. Commander of army and navy. 

3. Power to grant pardons and reprieves and com- 
mute sentences. 

4. Power to convene congress on extraordinary 
occasions. 

5. Veto power. 

6. Duty to send messages to congress setting forth 
the condition of the country and recommending meas- 
ures for its welfare. 

7. Duty to see that the laws of the United States 
are faithfully executed. 

8. Duty to commission all officers of the United 
States. 

GOVERNOR. 

1. Appointive power. 

2. Commander of militia. 

3. Power to grant pardons and commute sen- 
tences. 

4. Power to call extra sessions of the general 
assembly. 

5. Veto power. 

6. Duty to send a biennial report to the legislature 
setting forth the condition of the state and recommend- 
ing measures for its welfare. 



132 OUR STATE AND NATION 

7. Duty to see that the laws of the state are faith- 
fully executed. 

8. Duty to commission state officers. 

CABINET OFFICERS. 

20. The Secretary of State occupies the highest 
position in the cabinet. The management of foreign 
affairs is his chief duty. The ambassadors and minis- 
ters to other countries, as well as consuls, are under 
his instructions. He has charge of the great seal of 
the United States, keeps the public records and pub- 
lishes the statutes or laws of the United States. 

21. He issues passports or traveling papers to our 
citizens wishing to travel in foreign countries. When 
foreign criminals take refuge in this country, he issues 
warrants for their delivery according to existing 
treaties. 

22. The Secretary of the Treasury is the minister 
of finance, and to recommend measures for the finan- 
cial welfare. To the extent congress permits, he has 
charge of the currency and of the national debt. He 
reports to congress and to the public the condition of 
the treasury. At the beginning of our national gov- 
ernment the financial question was of great import- 
ance. There was no money in the treasury and a 
financial system had to be built up. This emergency 
made this department of first importance at that time, 
and Alexander Hamilton won merited renown by res- 
cuing the country from embarrassment and founding 
our finance on a firm basis. 

23. This officer superintends the collection of all 
revenue, the coinage of money, and operation of na- 
tional banks. The life saving service, coast and 
geodetic survey, bureau of immigration and the hospi- 
tal for disabled sailors, are under his charge. He is 
chairman of the lighthouse board which attends to the 
light-houses along the sea-coast and lake-coast. His 
greatest responsibility is the management of the 
national debt. The magnitude of the work may be 



NATIONAL EXECUTIVE DEPARTMENT 133 

realized by observing that expenditures of the govern- 
ment are $500,000,000 per year and over one hundred 
fifty skilled and responsible employees are necessary to 
attend to the immediate work of the department. 
(This number does not include collectors of revenue.) 

24. The Secretary of War has charge of the affairs 
of the army and of the military academy at West Point. 
He also supervises the expenditures of money voted by 
congress for the improvement of rivers and harbors. 

25. The Attorney General has general oversight of 
the judicial affairs of the nation. He prosecutes all 
suits in the supreme court in which the United States 
is interested, and gives his opinion in writing upon 
the questions of law to the president and heads of 
departments, when such questions pertain to the duties 
of their offices. This department has such varied and 
extensive duties that the attorney general has six 
assistant attorney generals and three solicitors, each of 
whom is supposed to be specially well informed in the 
particular lines of his duties ; ten assistant attorneys, 
several clerks and a private secretary. 

26. The Secretary of Navy has charge of the navy 
and of the naval academy at Annapolis. He has gen- 
eral management of the naval observatory at Washing- 
ton. This department issues sailing charts, sailing 
directions, and other publications for use of seamen. 

27. The Postmaster General has general charge of 
the postal service of the United States. 

The postmaster general has four assistants. The 
first assistant postmaster general has charge of 
the salary and allowance division, the free delivery, 
money order division, the dead letter office and the cor- 
respondence division. The second assistant postmaster 
general has charge of the transportation of mails. The 
third assistant postmaster general has charge of the 
finance, of issuing postage stamps and stamped envel- 
opes, of the division of registered letters, and of mail 
classification. The fourth assistant postmaster general 
has charge of the appointment of postmasters, filing 



134 OUR STATE AND NATION 

and approving their bonds ; and of the division of post 
office inspectors and mail depredations, 

28. The Secretary of Interior has charge of the 
public lands, patents, pensions and affairs relating to 
the Indians. This department also has the manage- 
ment of taking the census. The commissioner of edu- 
cation and superintendent of the geological survev are 
officers of this department. 

29. The Secretary of Agriculture has general man- 
agement of the collection of information relating to 
agriculture. The weather bureau and the bureau of 
animal industries are important divisions of this 
department. 

30. The Secretary of Commerce deals with com- 
merce by land and sea, with all labor questions, and 
all matters pertaining to great business corporations. 
This office is a kind of clearing house for information 
concerning trade and opportunity the world over. 

EXECUTIVE MANSION RULES. 

31. The cabinet will meet Tuesdays and Fridays 
at 11 o'clock in the morning. 

32. The president will receive senators and repre- 
sentatives in congress from 10 to 12 o'clock on all days 
except cabinet days. 

33. Persons not senators or representatives having 
business with the president will be received from 12 to 
1 o'clock every day except Mondays and cabinet days. 

34. Those having no business, but who desire to 
pay their respects, will be received by the president in 
the East room at 3 o'clock P. M. on Mondays, 
Wednesdays, and Fridays. 

35. These ru'es are changed from time to time to 
suit the general convenience, but they show the system 
that must prevail in the busy life of our chief executive. 

QUESTIONS. 

1. Name the chief duties of the president. Of the 
vice president. 

2. Make a comparison of the duties of governor of 
Iowa with those of president. 



NATIONAL EXECUTIVE DEPARTMENT 135 

3. What duties has the latter that the former does 
not have? 

4. Name the chief duties of secretary of state. 
With what state officer does he most closely cor- 
respond? 

5. Name the chief duties of the secretary of the 
treasury. Of secretaries of war and navy. 

6. Name the duties of attorney general and com- 
pare with corresponding state officer. 

7. What duties belong to the department of 
interior? 

8. What business belongs to the department of 
agriculture? 

9. Give your reasons why the bureau of education 
does not occupy the position of importance in the 
nation that the department of education does in the 
state of Iowa. 

10. Describe the election of the president. 

11. What was the electoral commission? 

12. What did the electoral count bill provide? 

13. What is a minister? An ambassador? His 
duties? 

14. What is a consul? His duties? 

15. What is meant by being included in the classi- 
fied service? How many officers in this at present? 

16. Does the president have the absolute power 
of appointment? 

17. Who is secretary of commerce? What are his 
duties? 



CHAPTER XVII. 

THE LEGISLATIVE DEPARTMENT. 

, i. The legislative power of our nation is vested in 
congress, which comprises two branches as does our 
state legislature. The House of Representatives con- 
tains 433 members, (including New Mexico and Ari- 
zona) who come from the several states in proportion 
to the population. At present the ratio is about one 
representative for every 201,860. They are elected in 
even-numbered years, for a term of two years. ' 

2. An additional member, called a representative 
at large, is chosen when a state has more representa- 
tives in congress than it has congressional districts. 
This happens after the census has been taken, and 
before the state legislature has had time to redistrict 
the state. 

3. The house is organized in a manner very simi- 
lar to that of the corresponding house in the state 
legislature. The speaker appoints all standing com- 
mittees and names the chairman of each. The room 
in which the house meets is one hundred thirty-nine 
feet long by ninety-three feet wide and thirty-six feet 
high. Light is admitted through the ceiling. There 
are on all sides deep galleries running back over the 
lobbies and capable of seating two thousand five hun- 
dred persons. The seats are arranged in curved con- 
centric rows looking towards the speaker, whose hand- 
some marble chair is placed on a marble platform pro- 
jecting slightly forward in the room ; the clerks and the 
mace are below in front of him. In front of the clerks 
are the official stenographers and to the right is the 
seat of the sergeant-at-arms. Each member has a 
revolving arm-chair, with a roomy desk in front of it, 



THE LEGISLATIVE DEPARTMENT 137 

where he writes and keeps his papers. In the rear of 
these chairs is a railing, behind which there is an open 
space where the members may bring their visitors. 

4. The Senate is composed of ninety-six members 
(including Xew Mexico and Arizona), two being 
chosen from each state by its legislature. Senators 
are elected for a term of six years, one-third of whom 
are elected every two years, thus making the term of 
a senator three times as long as that of a represen- 
tative. The framers of the constitution of the 
United States in 1787 thought that by making the sen- 
atorial term a comparatively long one and having 
them elected by the legislature instead of by the peo- 
ple, directly, would tend to protect the country 
against sudden changes of popular opinion by pre- 
venting hasty legislation. The idea of having the 
senators elected by direct vote of the people is becom- 
ing very popular. 

5. The senate chamber is on the same general plan 
and contains about one-third the floor space as the 
hall of the representatives. 

6. The constitution gives congress the following 
powers : 

To levy and collect taxes, duties, imposts and 
excises ; to pay the debts and provide for the common 
defense and general welfare, but all duties, imposts 
and excises shall be uniform throughout the United 
States : 

To borrow money on credit of the United States ; to 
regulate commerce with foreign nations and among the 
several states, and with the Indian tribes ; to establish 
a uniform rule of naturalization, and uniform rules on 
the subject of bankruptcies throughout the United 
States. 

To coin money, regulate the value thereof, and of 
foreign coin and fix the standard of weights and 
measures. 

To provide for the punishment of counterfeiting 
the securities and current coin of the United States. 



138 OUR STATE AND NATION 

To establish post-offices and post-roads ; to promote 
the progess of science and the useful arts by securing 
for limited times to authors and inventors the exclusive 
right to their respective writings and discoveries. 

To constitute tribunals inferior to the supreme 
court; to define and punish piracies and felonies com- 
mitted on the high seas, and offenses against the law 
of nations; to declare the punishment of treason.; to 
declare war, grant letters of marque and reprisal, and 
make rules concerning captures on land and water. 

To raise and support armies, but no appropriation 
of money to that use shall be for a longer term than 
two years. 

To provide and maintain a navy; to make rules for 
government and regulation of the land and naval 
forces; to provide for calling forth the militia to exe- 
cute the laws of the union. 

To suppress insurrections and repel invasions; to 
provide for organizing, arming and disciplining the 
militia and for governing such part of them as may be 
employed in the service of the United States, reserving 
to the states respectively the appointment of officers 
and the authority of training the militia according to 
the discipline prescribed by congress. 

To exercise exclusive legislation in all cases what- 
soever over the District of Columbia, and like authority 
over all places purchased from the different states by 
consent of their legislatures, for the erection of forts, 
magazines, arsenals, dockyards and other needful 
buildings. 

To make all laws which shall be necessary and 
proper for carrying into execution the foregoing pow- 
ers, and all other powers vested by the constitution in 
the government of the United States, or in any depart- 
ment or officer thereof. 

7. Direct Taxes have been levied by congress but 
five times, the last time in 1861. The laws passed relat- 
ing to indirect taxes use the word "duties" in referring 
to all kinds of indirect taxes. Taxes paid by the manu- 



THE LEGISLATIVE DEPARTMENT 139 

facturers of spirituous liquors and those paid by mer- 
chants who import goods into this country are indirect 
taxes. The importer or producer of such goods adds 
the amount of the tax to the price of the goods so that 
in. the end the consumer pays the duty. Duties are 
levied at present on tobacco, spirituous liquoirs and a 
few other productions of minor importance. Those 
on imported goods vary from time to time, but are 
levied principally on such goods as are produced at 
home, the object being to encourage home production 
while at the same time raising revenue to meet the 
expenses of the nation. 

8. Discrimination is sometimes made in favor of or 
against the imports from certain countries as they 
favor or discriminate against receiving goods from this 
country. 

9. There is now in force an interstate commerce 
law which renders the commerce between the states 
uniform. Any law passed by a state which conflicts 
with this law or any other federal law is unconstitu- 
tional. 

10. Naturalization is the process by which a for- 
eigner becomes a citizen of the United States. A new 
naturalization law passed by congress in 1906, pro- 
vides, first, that aliens applying for naturalization must 
be able to write in their own language, and to read, 
speak and understand the English language ; applicants 
must further establish by affirmative evidence their 
good behavior for five years previous to the date of 
their petition; they must also satisfy the court that 
they are "attached to the principles of the constitution" 
and well disposed to good order; secondly, the bureau 
of the department of Commerce and Labor shall have 
supervision of all naturalization, and have custody to 
complete records which are kept by the bureau of 
immigration; thirdly, that by a system of fees — five 
dollars for each applicant, in addition to which he must 
pay the usual fees for all witnesses subpoenaed at his 
request — the expense shall be borne by the beneficiar- 



140 OUR STATE AND NATION 

ies; lastly, the government may apply to the courts 
for the revocation of any certificate of citizenship 
obtained by fraud, and that the certificate of any nat- 
uralized person who, within five years from the date 
of his admission, takes up permanent residence in a for- 
eign country shall be liable to cancellation, our diplo- 
matic and consular service being employed to trace and 
identify such persons. 

ii. This last named provision will stop, to some 
extent, the scandalous practice, only too common, 
under which applicants with no intention of living in 
this country obtain citizenship solely because of the 
immunities and protection afforded them by it in their 
own or other countries. 

12. The children of citizens of the United States 
are considered citizens, though born abroad, and chil- 
dren born in United States of Chinese parentage are 
citizens of the United States. 

13. Any person unable to pay his debts is said to 
be insolvent. Upon his own petition or that of one 
or more of his creditors he may go through proceed- 
ings of bankruptcy by which he is declared by the 
proper officer to be bankrupt and his property is 
divided among his creditors. He is then no longer 
liable for past debts, but may again accummulate and 
hold property in his own name. Three bankrupt laws 
have been passed by congress, but none have remained 
on the statutes of the nation more than eleven years. 
When no national law of this kind is in force the differ- 
ent states may pass laws relating to bankruptcy. 

14. The metals used for coining money are gold, 
silver, nickel and copper. The first mint was estab- 
lshed at Philadelphia in 1792. At present there are 
mints, also, at New Orleans, San Francisco, Carson 
City and Denver. 

15. The punishment for counterfeiting paper 
money and securities of the United Statec is a fine not 
exceeding $5,000 and imprisonment at hard labor not 
longer than fifteen years ; for counterfeiting gold and 



THE LEGISLATIVE DEPARTMENT 141 

silver coins a fine not exceeding $5,000, and imprison- 
ment not longer than ten years ; for counterfeiting 
nickel and copper coins a fine not exceeding $1,000, 
and imprisonment not exceeding three years. 

16. The Postal Service of the United States is a 
mechanism of great magnitude and nicety. There are 
over 63,000 post-offices, and many billion packages, 
including letters and postal cards, are received by the 
mails every year, over one-fourth the postal business 
of the world. The expenses of the post-office depart- 
ment is about $100,000,000 annually. The money re- 
ceived from the sale of stamps lacks only about 
$5,000,000 per year of paying all expenses. 

17. The exclusive rights of authors are secured by 
Copyrights which are issued by the librarian of con- 
gress and are valid for twenty-eight years, and upon 
application may be extended fourteen years. Exclu- 
sive rights are secured to inventors by Patents issued 
by the commissioner of patents and are valid for sev- 
enteen years. About twenty-two thousand patents 
are issued annually. It costs but thirty-five dollars 
to obtain a patent. Fifteen dollars must accompany 
the application, which money is returned if the appli- 
cant is not granted a patent. This money is used to 
defray the expense of searching through the models 
in the patent office to see that there is no other article 
like it already covered by a patent. 

18. Congress has constituted nine circuit courts 
and divided the United States into seventy-two judi- 
cial districts. 

19. Piracy is robbery at sea. "High seas" is a 
general term meaning the ocean beyond low water 
mark. 

Each independent government is responsible to 
foreign nations for the conduct of its citizens at sea. 
The law of nations consists of a body of rules, founded 
on justice, and recognized as governing the conduct 
and mutual relations of countries with one another. 



142 OUR STATE AND NATION 

20. Treason consists only in levying war against 
the United States or adhering to their enemies, giving 
them aid or comfort. No one except a citizen of the 
country can be guilty of treason. 

No person can be convicted of treason except on the 
testimony of two witnesses to the same open act, or on 
confession in open court. 

21. Letters of Marque and Reprisal are commis- 
sions granted to private persons to capture the prop- 
erty of citizens of another nation. The person so com- 
missioned is a privateer and if in command of a vessel 
may commit acts that would be piracy if committed 
under other circumstances. Letters of marque and 
reprisal are now granted only in times of war. 

22. Since appropriations for use of the army can 
not be made for a longer time than two years there is 
no danger of a war lasting much longer than the people 
of the country desire it, as the representatives they 
elect every two years are able to control the army 
through the appropriations. 

23. Recent appropriations have greatly increased 
the navy and several new war vessels of the most 
effective pattern have been built. Compared with the 
navies of other countries, that of the United States is 
still small. Since the Spanish-American war a much 
larger navy than formerly, is required to protect our 
foreign interests, so ours has been largely increased. 

24. The power to call forth the militia is delegated 
to the president in case of imminent danger or invasion. 
Because of this provision a large standing army is 
unnecessary. 

The militia has been called out but twice; the first 
time to suppress the Whisky Insurrection, the second 
to suppress the rebellion in 1861-4. During Dorr's Re- 
bellion in 1842, President Tyler ordered the militia of 
Connecticut and Massachusetts to be held in readiness 
but the Rhode Island militia proved sufficient for the 
emergency. 



THE LEGISLATIVE DEPARTMENT 143 

25. Congress has power to make all needful rules 
respecting the territory or other property of the United 
States; to propose amendments to the constitution; to 
admit new states into the union ; to regulate the appel- 
late jurisdiction of the supreme court and determine 
where trial for crimes shall be held, when not com- 
mitted within any state ; to revise and control any state 
laws respecting the laying of duties on imports and 
exports; to declare what officer shall act as president 
in case of death, removal, resignation or inability of 
both president and vice president ; to vest the appoint- 
ment of such inferior officers as it may think proper in 
the president alone, or in courts of law, or in the heads 
of departments. 

26. Congress determines the time for choosing 
electors for president and vice president and the day 
on which electors give their votes is determined by 
congress. 

27. Full faith and credit shall be given in each 
state to the public acts, records and judicial proceed- 
ings of every other state and congress may make gen- 
eral laws prescribing the manner in which such acts, 
records and proceedings shall be proved and what shall 
be their effect. 

28. Limitations of the Power of Congress Pro- 
vided by the Constitution. 

The privilege of the writ of habeas corpus shall not 
be suspended, unless when in cases of rebellion or in- 
vasion the public safety may require it. No bill of 
attainder or ex-post facto law shall be passed. 

No capitation or other direct tax shall be laid, 
unless in proportion to the census of enumeration 
herein before directed to be taken. 

No tax or duty shall be laid on articles exported 
from any state or from United States. No preference 
shall be given by any regulation of commerce or reve- 
nue to ports of one state over those of another, nor 
shall vessels bound to or from one state be obliged to 
enter, clear or pay duties in another. 



144 OUR STATE AND NATION. 

No money shall be drawn from the treasury, but in 
consequence of appropriations made by law ; and a 
regular statement and account of receipts and expendi- 
tures of all public money shall be published from time 
to time. 

No title of nobility shall be granted by the United 
States ; and no person holding any office of profit or 
trust under them shall, without consent of congress, 
accept any present, emolument, office or title, of any 
kind whatever, from any king, prince or foreign state. 

Congress can make no law respecting the establish- 
ment or prohibition of the free exercise of religion ; no 
law abridging the freedom of speech or of the press; 
or of the people peaceably to assemble and to petition 
the government for a redress of grievances ; nor can 
the right of the people to bear arms be infringed. 

Any person who is imprisoned may demand that a 
hearing be given him in open court, where witnesses, 
relating to the cause of his imprisonment, may be ex- 
amined. This is the privilege of Habeas . Corpus, 
which is extended to protect everyone against impris- 
onment without just cause, and may be suspended or 
refused only in times of rebellion, or invasion, or when 
the public safety may require it. 

29. In England prior to the time of the adoption 
of. the constitution of the United States, Bills of At- 
tainder had been passed by parliament. These bills 
inflicted the death penalty on the accused and made it 
unlawful for his children to inherit property. Some- 
times such bills were passed when the accused was not 
guilty of crime that would have incurred severe pun- 
ishment, but had no chance to be heard or bring wit- 
nesses in his favor. If congress had power to pass 
such a bill, the right of trial by jury would be lost to 
the person against whom the bill is directed. 

30. An ex post facto law is one which makes an act 
a crime which was not so at the time it was committed, 
or imposes a punishment greater than the law inflicted 
when it was committed. 




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THE LEGISLATIVE DEPARTMENT 145 

31. Direct taxes are not imposed on the states by 
the federal government in proportion to their wealth, 
but according to their population. 

32. T^o years before the Declaration of Indepen- 
dence, parliament passed the Boston Port Bill, which 
removed the custom house from Boston, making it 
unlawful for ships to unload merchandise there. This 
was a great hardship on the people of that city. Thus 
it would be possible by establishing custom houses 
only at certain seaports or by remitting duties in whole 
or in part at certain ports of entry to discriminate in 
favor of such cities ; hence this limitation. 

33. Ships before leaving a port obtain Clearance 
Papers fr^m custom-house officer ; and if it be a foreign 
vessel, from the consul of the nation to which it 
belongs. * A clearance paper is a written permission to 
leave, certifying that the owners of the vessel in ques- 
tion have complied with all formalities of the law. 

34. The people of the thirteen colonies being op- 
pressed by a king and living in a country where they 
had nothing to do with titled personages but to know 
them as oppressors, formed a dislike for a monarchy 
and its accompanying titles. Hence the law in the 
constitution regarding titles of nobility. 

35. The right of petition was assailed, in 1836 
when resolutions was passed by the house of repre-, 
sentatives to the effect that petitions regarding slavery 
from those who wished it abolished would not be re- 
ceived by that body. 

36. In the Constitutional Convention, the question 
of slavery imposed many obstacles. This question 
nearly prevented the formation of the union and after- 
wards almost destroyed the government. All the 
states except Massachusetts contained slaves, but the 
practice was fast dying out in the north. Finally com- 
promises settled that representation in congress should 
be apportioned according to the population as follows: 
To the whole number of free persons, including those 
bound to service for a term of years and excluding 



146 OUR STATE AND NATION 

Indians not taxed, shall be added three-fifths of all 
other persons. "Other persons/' meaning slaves. The 
north agreed that congress should not interfere with 
the importation of slaves for twenty years (till 1808), 
that runaway slaves should be returned and that a tax 
of not more than ten dollars could be imposed on the 
importation of each slave. The southern states agreed 
to count the slaves in the same manner in apportion- 
ment of direct taxes. 

37. Each house is the judge of the elections, 
returns and qualifications of its own members. A 
majority of each constitute a quorum to do business; 
but a smaller number may adjourn from day to day 
and may be authorized to compel the attendance of 
absent members, in such manner and under such penal- 
ties as each house may provide. 

Each house may determine the rules for its' proceed- 
ings, punish a member for disorderly conduct, and, 
with the concurrence of two-thirds, expel a member. 

Each house shall keep a journal of its proceedings, 
and from time to time publish the same, excepting such 
parts as may, in their judgment, require secrecy and at 
the request of one-fifth of those present the yeas and 
nays of the members of either house on any question 
shall, be entered on the journal. 

Neither house, during the session of congress, shall, 
without consent of the other, adjourn for more than 
three days, nor to any other place than that in which 
the two houses shall be sitting. 

38. The house of representatives has sole power to 
originate bills for levying taxes, imposing duties and 
appropriating money, the senate having power to pro- 
pose amendments to these as to other bills. 

This provision was intended for keeping the na- 
tional purse as nearly as possible in the hands of the 
people. 

39. The house also has the sole power of Impeach- 
ment and the senate has sole power to try impeach- 
ments. The house acting in this capacity performs the 



THE LEGISLATIVE DEPARTMENT 147 

work of a grand jury, and the senate, that of a court. 
Impeachment is a charge preferred against a public 
officer, accusing him of having committed high crimes 
and misdemeanors or of having violated his oath of 
office. 

40. When charges of treason, bribery or other high 
crimes or misdemeanors are brought against a civil 
officer of the United States a committee of the house 
is appointed to investigate them. If the committee 
reports in favor of his impeachment the charges are 
reduced to writing and submitted to the house, which 
discusses and votes upon each charge separately. If 
the house, by a majority vote, decides upon impeach- 
ment, the charges (articles of impeachment) are sent 
to the senate and a committee is appointed to prosecute 
the impeachment before that body. 

41. When sitting for trial of impeachments the 
senators are under oath or affirmation. If the presi- 
dent is tried, the chief justice of the supreme court 
presides at the trial, instead of the vice president, who 
is president of the senate. 

42. A two-thirds majority of all the members pres- 
ent is necessary for conviction, after which the con- 
victed person is disqualified from holding any office of 
honor, profit or trust in the United States, and is 
further liable and subject to indictment, trial, judg- 
ment and punishment according to law. 

43. Impeachment has been resorted to seven times, 
viz., four federal judges; one secretary of war; one 
senator and one president. Only two, federal judges, 
were convicted : one for drunkenness and the other for 
joining the Secessionists in 1861. The senator was 
acquitted on the ground that a senatorship is not a 
"civil office" within the meaning of Article II., Sec. 4, 
of the Constitution. 

44. Both the senate and the house of representa- 
tives have recognized Jefferson's "Manual of Parlia- 
mentary Practice" as governing the house when none 



148 OUR STATE AND NATION 

of its rules, or joint rules of congress, is applicable. 
This manual, based on English precedent, was pre- 
pared by President Jefferson. 

QUESTIONS, 
i. How many members in the house? A state 
with a population of 340,000 would be entitled to how 
many representatives? To how man)' senators? 

2. Describe Representative Hall. The senate 
chamber. 

3. When are representatives elected? The length 
of term? The length of senatorial term? Number of 
senators? 

4. Why are senators so chosen? 

5. What are the qualifications of members of con- 
gress? How old must a senator be? 

6. Give some reason why congress should have 
power to levy taxes. How often have direct taxes 
been levied? What are indirect taxes? Why are dis- 
criminations sometimes made against the imports of 
certain countries? 

7. What is the new naturalization law? 

8. How may a state law be unconstitutional? 

9. What is a bankrupt law? Do you think bank 
rupt laws should exist? 

10. Name the metals used for coining money. 

11. What is the severest penalty for counterfeit- 
ing. What is the lightest penalty for counterfeiting? 

12. Give the interesting facts about the postal sys- 
tem. Has a state legislature any right to establish 
post-roads, etc.? 

13. What is a copyright? By whom granted? 
What is a patent? By whom granted? How many 
are issued annually? What is the cost? 

14. How many and what kind of inferior courts 
has congress established? 

15. What is piracy? Law of Nations? 

16. What is treason? 






THE LEGISLATIVE DEPARTMENT 149 

17. What are letters of marque and reprisal? 
When granted? Can a state grant them? 

18. Why does congress not have power to appro- 
priate money for the army for a longer time than two 
years ? 

19. What can you say of our navy? Do we need 
a larger one? Why? 

20. What is the advantage of the president having 
the power of calling out the militia? 

21. How often has the militia been called out? 

22. What power controls the territories? 

23. Are public acts and records of one state 
accepted as trustworthy by other states. What power 
provides this? 

24. Why has congress power to pass one law to 
help enforce another one? 

25. What is the writ of habeas corpus? An ex- 
post facto law? Bill of attainder? 

26. How are direct taxes apportioned? 

27. Explain why no preference should be given 
any port of entry. 

28. What are clearance papers? Why are such 
regulations necessary? 

29. Why are no titles of nobility granted by the 
United States? 

30. What is the right of petition? Did congress 
ever disobey this regulation? 

31. What difficulty did slavery offer to the forma- 
tion of the union. 

32. In the powers of each house, separately select 
those that differ from the same in our state govern- 
ment. 

33. What precaution is there concerning the rais- 
ing of money, etc. ? 

34. Tell all about how impeachments are con- 
conducted. Who presides when the president is tried? 
Why does not the vice president preside? 



150 OUR STATE AND NATION 

35. How many times has impeachment, been 
resorted to? How many were convicted? Why was 
not the senator convicted? Why was the president 
not convicted? 

36. What is a "pocket veto?" 

37. Give particulars of President Johnson's 
impeachment. 



THE LEGISLATIVE DEPARTMENT 



151 




CONGRESSIONAL DISTRICTS OF IOWA. 



CHAPTER XVIII. 

JUDICIAL DEPARTMENT. 

i. The Attorney General is the head of the judi- 
cial department. 

2. The highest tribunal of our nation is the 
Supreme Court, which consists of the chief justice and 
eight associate judges. They are appointed by the 
president for life or during good behavior, and can be 
removed only by impeachment. Congress may at any 
time increase the number of judges, or when vacancies 
occur it may lessen the number by passing a law 
declaring that no vacancies exist. This was done dur- 
ing the presidency of Andrew Johnson, in order to 
pevent him from appointing judges. At that time 
there were ten, and the law passed provided that no 
vacancies should be filled until the number was 
reduced to seven. During the next administration the 
number was increased to nine, the present number. At 
first there were but six. 

3. This court has original jurisdiction in all cases 
affecting ambassadors, other public ministers, and con- 
suls ; in all cases of admiralty and maritime jurisdic- 
tion ; in controversies in which the United States shall 
be a party; in controversies between two or more 
states; between the citizens of different states, or cit- 
izens of the same state claiming lands under grants of 
different states, and appellate jurisdiction in cases from 
inferior courts involving over two thousand dollars. 

4. The constitution, at first, granted this court 
juridiction in suits between a state and citizens of 
another state, or a foreign state. 

5. In 1793, a Mr. Chisholm sued the state of 
Georgia, taking the case before the United States su- 



JUDICIAL DEPARTMENT 153 

preme court. The state of Georgia felt very indignant 
and called to the rest of the union for aid. Most of 
the people thought that a state should not be subjected 
to such indignity, therefore the eleventh amendment to 
the constitution was passed in 1794. This provides that 
the judicial power of the United States shall not extend 
to any case of law or equity prosecuted against one of 
the United States, by citizens of another state, or by 
citizens or subjects of any foreign state. Under the 
protection of this amendment several states have 
repudiated their debts. 

ILLUSTRATION. 

6. In 1894, congress passed an income tax law, 
which provided that all persons having an income of 
more than four thousand dollars should be subject to a 
tax of two per cent on their income. Some believed 
that the law was not constitutional and refused to pay 
it. After a hearing in one of the inferior courts the 
case was appealed to the supreme court, which decided 
that the law was unconstitutional. A law may be just, 
and still be unconstitutional, because it conflicts with 
the constitution. When a just law, which the people 
desire is declared unconstitutional, the constitution 
may be amended so that it will not conflict with the 
law. 

7. The sittings of the supreme court are held in 
the capitol in the chamber formerly occuped by the 
senate. The justices wear black gowns. They are the 
only officers within the United States, except the 
judges of the New York court of appeals, who wear 
any official dress. 

CIRCUIT COURTS. 

8. The United States is divided into nine circuits. 
A circuit judge is appointed in each, and to each is 
allotted one of the justices of the supreme court. The 
circuit court may be held by the circuit judge alone, 
by the supreme court iustice alone, by both together 



154 OUR STATE AND NATION 

or by cither sitting along with the district judge of the 
district in which the court is held. Cases may be 
appealed from these courts to the supreme court except 
in cases involving less than two thousand dollars. 
They have original jurisdiction in civil suits arising 
under patent and copyright laws, in cases against 
national banks and in cases involving over five hun- 
dred dollars in suits between citizens of different 
states or if an alien is a party; also in criminal cases, 
for trial of persons accused of offenses against the 
United States. They have appellate jurisdiction in 
cases tried before the United States district courts. 

9. All federal judges are appointed for life. As the 
constitution gives congress the power to establish such 
inferior courts as it deems proper, it has been main- 
tained by congress that it also has the power to abol- 
ish them. In 1800, sixteen circuits were established 
and President Adams filled them with judges who were 
of his political party. When Jefferson came into office 
he did not hold these political appointments to be 
valid, and congress being of the same opinion, abol- 
ished the circuits. 

10. The number of district judges of United States 
varies according to the judicial needs. The number 
of judges does not correspond to the number of dis- 
tricts, but there is at least one judge in each state. 

11. The district courts have jurisdiction in trial 
of all crimes committed within the district against the 
United States, except those punishable with death. In 
civil cases it has about the same original jurisdiction as 
the circuit court. 

12. In each district there is an officer called the 
United States Attorney, who institutes proceedings 
against persons violating federal laws or evading dis- 
charge of obligations to the federal treasury. 

13. Every federal court has attached to it, for the 
execution of its powers, a United States marshal, 
whose duties and powers correspond to thost of the 
sheriff in our state. 



JUDICIAL DEPARTMENT 155 

14. There is at Washington, D. C, a Court of 
Claims, established in 1855, where all cases are heard 
relative to claims against the United States. It con- 
sists of a chief justice and four associate judges. 
Either house of congress may refer claims to this 
court. 

15. In 1891, congress authorized a circuit court 
of appeals for each judicial circuit of the United 
States. The judges of the supreme court, the circuit 
and district judges of any circuit are made the judges 
of this court. When the court has been organized 
with a full bench, there are present, the judge of the 
supreme court assigned to that circuit, either circuit 
judge of the circuit, and any of the district judges 
within the circuit. Any two such judges constitute a 
quorum and they may transact regularly any business 
of the court. 

16. In each territory is a territorial court, con- 
sisting of a chief justice and two associate justices, 
holding office for four years. 

QUESTIONS. 

1. Who is the head of the judicial department? 
Of what does the highest tribunal consist? What is 
the power of congress in reference to number of 
judges? 

2. Give the incident relating to President John- 
son. How many judges were there at first? How 
many now? 

3. What is the jurisdiction of this court? What 
does admiralty and maritime jurisdiction mean? 

4. State the incident and result of the suit between 
Chisholm and Georgia. 

5. Describe the incident of the income tax law. 
With what clause of Article I., Sec. 9, of the constitu- 
tion do you think it conflicts? Recite the clause. 

6. Write an amendment which would make the 
law constitutional were it adopted. 

7. Where does this court meet? 



156 OUR STATE AND NATION 

8. How many circuit courts? By whom may it be 
held? Its jurisdiction? 

9. Relate the incident of 1800, in relation to ci 
cuits. 

10. How many district courts? How man> 
judges? What is the jurisdiction of this court? What 
is the duty of the United States attorney? 

11. Tell something of the United States marshal. 

12. Where and for what purpose is the Court of 
Claims? 

13. What courts were established in 1891 ? 

14. What jurisdiction have they? 

15. These courts lessen the duties of what court? 

16. What can you say of territorial courts? 






CHAPTER XIX. 
MISCELLANEOUS. 



INDICTMENT. 

i. Before a person can be brought to trial for 
offenses against the United States he must be indicted 
by a grand jury, except in cases which arise in the 
army or navy, or militia when in actual service in time 
of war or public danger. An indictment is a formal, 
written accusation made by the grand jury, charging 
the person therein named with violating the criminal 
law, or of having committed some act punishable on 
indictment. Such an accusation may be made upon 
the sworn statement of witnesses examined by the 
grand jury, or by evidence secured from legal docu- 
ments, as provided by law. A charge made by the 
jury without this formal article is called a Present- 
ment, and may take the place of an indictment. 

TRIAL BY JURY. 

2. The trial of all crimes, except in case of im- 
peachment, must be by jury; the trial must be held 
in the state where the crime was committed; when not 
committed within any state, the trial must be at such 
place as congress may have by law directed. (The 
above is practically the reading of the clause in the 
constitution. A strip of land, the northwest part of 
Oklahoma, between Texas and Kansas, was, at one 
time, not assigned to any judicial district of the United 
States. The perpetrators of a crime there were 
brought to trial and escaped punishment on the 
grounds that no court had jurisdiction over the terri- 
tory where the offense was committed.) In suits at 



158 OUR STATE AND NATION 

common law, in cases where the amount in dispute is 
more than twenty dollars, the right of trial by jury 
must be preserved. 

PERSONAL RIGHTS. 

3. No person can be twice put in jeopardy of life 
or limb or be compelled to be a witness against himself, 
or be deprived of life, liberty or property, without due 
process of law. Private property cannot be taken for 
public use without just compensation, and all unrea- 
sonable searches and seizures are prohibited. 

4. In all criminal trials, the person accused has 
the right to a speedy and public trial by an impartial 
jury of the state and district in which the crime has 
been committed. He must be informed of the nature 
and cause of the charge against him, and be allowed 
to meet the witnesses against him face to face; he must 
also have process to compel witnesses to appear in his 
favor, and the assistance of counsel for his defense. 
Excessive bail shall not be required, excessive fines 
imposed, nor cruel and unusual modes of punishment 
inflicted. 

5. No soldier can, in times of peace, be quartered 
in any house without consent of its owner, or in time 
of war, except in the manner provided by law. 

6. Neither slavery nor involuntary servitude, ex- 
cept as a punishment for crime of which the person 
is duly convicted, can exist within the limits of the 
United States, or in any place subject to their juris- 
diction. 

ADMISSION OF STATES. 

7. The general method of procedure is as follows : 
Congress passes an act called an enabling act, which 
empowers the people to form a constitution and apply 
for admission. The enabling act specifies the boun- 
dary of the state and other things that must be incor- 
porated in its constitution. After the constitution has 
been formed in accordance with the enabling act and 



MISCELLANEOUS 159 

adopted by the people of the state at a popular elec- 
tion, congress may pass a special act of admission. 
Two stars were added July Fourth, 1912, on the ad- 
mission of Xew Mexico and Arizona as states. 

HOW THE CONSTITUTION IS AMENDED. 

8. Whenever two-thirds of both houses shall deem 
it necessary, congress shall propose Amendments to 
the constitution; or, on the application of the legisla- 
tures of two-thirds of the several states, shall call a 
convention for proposing amendments, which in either 
case shall be valid to all intents and purposes, as part 
of this constitution, when ratified by the legislatures 
of three-fourths of the several states, or by conventions 
in three-fourths thereof, as one or the other mode of 
ratification may be proposed by congress ; provided 
that no amendment which may be made prior to the 
year one thousand eight hundred and eight shall in 
any manner affect the first and fourth clauses in the 
ninth section of the first article, and that no state, with- 
out its consent, shall be deprived of its equal suffrage 
in the senate. 

PRESIDENTIAL SUCCESSION. 

9. If the president should die, or be removed from 
office, resign, or in any way become unable to act as 
president, the vice-president would then assume the 
duties of president. If there should be no vice-presi- 
dent then the duties of president would devolve upon 
the secretary of state, and in case of his death, resig- 
nation or removal from office, upon the secretary of the 
treasury, and so on down through to the cabinet offi- 
cers in the order in which the officers were established 
by congress, viz., secretary of state, secretary of the 
treasury, secretary of war, attorney-general, postmas- 
ter general, secretary of navy, secretary of interior. 
The order of succession may easily be remembered by 



160 OUR STATE AND NATION. 

the word "St. Wapni," "S" for state, "t" for treasury, 
"w" for war, etc. The secretary of agriculture and 
secretary of commerce and labor are not included in 
the law. This law applies only to such officers as have 
been appointed with the consent of the senate and who 
are natural born citizens. 

10. Before 1886, the order of succession after the 
vice-president, was president pro tempore of the sen- 
ate, and a speaker of the house of representatives, 
when a person becomes president without being elect- 
ed directly to that office, he is said to be an "acciden- 
tal" president. 

11. When the office of vice-president becomes va- 
cant it remains so until the next presidential election. 
The president pro tempore of the senate is a member of 
that body and does not hold the office of vice-president. 

SALARIES OF OFFICERS. 

12. The salaries of United States officers are as 
follows : The president receives $75,000 per year ; his 
house, the White House, is also furnished and house- 
hold expenses paid; he is also allowed $25,000 per year 
for traveling expenses ; the vice-president receives 
$12,000 per year;the chief justice $13,000 per year; as- 
sociate justices $12,500; circuit judges $7,000; district 
judges $3,500 to $6,000; senators and representatives, 
each $7,500 per year; and cabinet officers $12,000. 

QUESTIONS. 

1. What is necessary to bring a person before a 
United States court for trial? What is a presentment? 
Compare with proceedings in our state. 

2. Can a person be tried in this country for any 
crime without a jury? 

3. Give the incident related of some criminals es- 
caping justice. Write the last clause of the law relat- 
ing to this, so that such an emergency might be proper- 
ly met. Article III., Sec. 2, paragraph 3. 



MISCELLANEOUS 161 

4. The paragraph on personal rights should be 
memorized carefully. 

5. How are states admitted? 

6. How are amendments to our constitution made? 

7. Give the law for the succession to the presi- 
dency of the United States. 

8. What are the salaries of representatives? Sen- 
ators? District judges? Circuit judges? Chief jus- 
tice? Associate justice? President? Vice-president? 
Cabinet? 

q. When a territory wishes to be admitted as a 
state, what officer do you think urges the matter in 
congress? 

10. Name the "accidental" presidents. 



CONSTITUTION OF THE STATE OF IOWA. 



PREAMBLE. 

We, the people of the State of Iowa, grateful to the Supreme 
Being for the blessings hitherto enjoyed, and feeling our depend- 
ence on Him for a continuation of those blessings, do ordain and 
establish a free and independent government, by the name of the 
State of Iowa, the boundaries whereof shall be as follows: 

BOUNDARY. 

Beginning in the middle of the main channel of the Mississippi 
river, at a point due east of the middle of the mouth of the main 
channel of the Des Moines river, thence up the middle of the 
main channel of the said Des Moines river, to a point on said river 
where the northern boundary line of the State of Missouri — as 
established by the Constitution of that State, adopted June 12, 
1820 — crosses the said middle of the main channel of the said Des 
Moines river; thence westwardly along the said northern bound- 
ary line of the State of Missouri, as established at the time afore- 
said, until an extension of said line intersects the middle of the 
main channel of the Missouri river; thence up the middle of the 
main channel of the said Missouri river to a point opposite to the 
middle of the main channel of the Big Sioux river, according to 
Nicollet's map; thence up the main channel of the said Big Sioux 
river, according to the said map, until it is intersected by the par- 
allel of forty-three degrees and thirty minutes north latitude; 
thence east along said parallel of forty-three degrees and thirty 
minutes, until said parallel intersects the middle of the main 
channel of the Mississippi river; thence down the middle of the 
main channel of the said Mississippi river to the place of begin- 
ning. 

ARTICLE I.— BILL OP RIGHTS. 

Section 1. All men are, by nature, free and equal, and have 
certain inalienable rights, among which are those of enjoying and 
defending life and liberty, acquiring, possessing, and protecting 
property, and pursuing and obtaining safety and happiness. 



OUR STATE AND NATION. 

Sec. 2. All political power is inherent in the people. Govern* 
ment is instituted for the protection, security, and benefit of the 
people, and they have the right, at all times, to alter or reform 
the same, whenever the public good may require it. 

Sec. 3. The General Assembly shall make no law respecting an 
establishment of religion, or prohibiting the free exercise thereof; 
nor shall any person be compelled to attend any place of worship, 
pay tithes, taxes, or other rates, for building or repairing places 
of worship, or the maintenance of any minister or ministry. 

Sec. 4. No religious test shall be required as a qualification for 
any office of public trust, and no person shall be deprived of any 
of his rights, privileges or capacities, or disqualified from the 
performance of any of his public or private duties, or rendered 
incompetent to give evidence in any court of law or equity, in 
consequence of his opinions on the subject of religion; and any 
party to any judicial proceeding shall have the right to use as a 
witness, or take the testimony of, any other person, not disquali- 
fied on account of interest, who may be cognizant of any fact 
material to the case; and parties to suits may be witnesses, as 
provided by law. 

Sec. 5. Any citizen of this State who may hereafter be en- 
gaged, either directly or indirectly, in a duel, either as principal 
or accessory before the fact, shall forever be disqualified from 
holding any office under the constitution and laws of this State. 

Sec. 6. All laws of a general nature shall have a uniform opera- 
tion; the General Assembly shall not grant to any citizen or class 
of citizens, privileges or immunities, which upon the same terms 
shall not equally belong to all citizens. 

Sec. 7. Every person may speak, write and publish his senti- 
ments on all subjects, being responsible for the abuse of that 
right. No law shall be passed to restrain or abridge the liberty of 
speech or of the press. In all prosecutions or indictments for 
libel, the truth may be given in evidence to the jury, and if it 
appear to the jury that the matter charged as libelous was true, 
and was published with good motives and for justifiable ends, 
the party shall be acquitted. 

Sec. 8. The right of the people to be secure in their persons, 
houses, papers and effects, against unreasonable seizures and 
searches shall not be violated; and no warrant shall issue but 
on probable cause, supported by oath or affirmation, particularly 
describing the place to be searched, and the persons and things 
to be seized. 

Sec. 9. The right of trial by jury shall remain inviolate; but 



CONSTITUTION OF THE STATE OP IOWA. 

the General Assembly may authorize trial by a jury of a less 
number than twelve men in inferior courts; but no person shall 
be deprived of life, liberty, or property, without due process of law. 

Sec. 10. In all criminal prosecutions, and in cases involving 
the life or liberty of an individual, the accused shall have a rig&t 
to a speedy and public trial by an impartial jury; to be informed 
of the accusation against him; to have a copy of the same when 
demanded; to be confronted with the witnesses against him; to 
have compulsory process for his witnesses; and to have the as- 
sistance of counsel. 

Sec. 11. All offenses less than felony, and in which the punish- 
ment does not exceed a fine of one hundred dollars, or imprison- 
ment for thirty days, shall be tried summarily before a Justice of 
the Peace, or other officer authorized by law, on information under 
oath, without indictment, or the intervention of a grand jury, 
saving »to the defendant the right of appeal; and no person shall 
be held to answer for any higher criminal offense, unless on pre- 
sentment or indictment by a grand jury, except in cases arising 
in the army or navy, or in the militia, when in actual service, in 
time of war or public danger. 

Sec. 12. No person shall, after acquittal, be tried for the same 
offense. All persons shall, before conviction, be bailable by suffi- 
cient sureties, except for capital offenses, where the proof is evi- 
dent, or the presumption great. 

Sec. 13. The writ of habeas corpus shall not be suspended, or 
refused when application is made as required by law, unless in 
case of rebellion or invasion, the public safety may require it. 

Sec. 14. The military shall be subordinate to the civil power. 
No standing army shall be kept up by the State in time of peace; 
and in time of war, no appropriation for a standing army shall 
be for a longer time than two years. 

Sec. 15. No soldier shall, in time of peace, be quartered in any 
house without the consent of the owner, nor in time of war except 
in the manner prescribed by law. 

Sec. 16. Treason against the State shall consist only in levying 
war against it, adhering to its enemies, or giving them aid and 
comfort. No person shall be be convicted of treason, unless on 
the evidence of two witnesses to the same overt act, or confession 
in open court. 

Sec. 17. Excessive bail shall not be required; excessive fines 
shall not be imposed, and cruel and unusual punishment shall not 
be inflicted. 

Sec. 18. Private property shall not be taken for public use with- 






OUR STATE AND NATION. 

out just compensation first being made, or secured to be made, to 
the owner thereof, as soon as the damages shall be assessed by a 
jury, who shall not take into consideration any advantages that 
may result to said owner on account of the improvement for 
which it is taken. 

Sec. 19. No person shall be imprisoned for debt in any civil 
action, on mesne or final process, unless in case of fraud; and 
no person shall be imprisoned for a military fine in time of peace. 

Sec. 20. The people have the right freely to assemble together 
to counsel for the common good; to make known their opinions 
to their representatives, and to petition for a redress of grievances. 

Sec. 21. No bill of attainder, ex post facto law, or law impairing 
the obligation of contracts, shall ever be passed. 

Sec. 22. Foreigners who are, or may hereafter become residents 
of this State, shall enjoy the same rights in respect to the posses- 
sion, enjoyment, and descent of property, as native-born citizens. 

Sec. 23. There shall be no slavery in this State; nor shall there 
be involuntary servitude, unless for the punishment of crime. 

Sec. 24. No lease or grant of agricultural lands, reserving any 
rent or service of any kind, shall be valid for a longer period than 
twenty years. 

Sec. 25. The enumeration of rights shall not be construed to 
impair or deny others, retained by the people. 

ARTICLE II.— RIGHT OF SUFFRAGE. 

Section 1. Every male citizen of the United States, of the age 
of twenty-one years, who shall have been a resident of this State 
six months next preceding the election, and of the county in which 
he claims his vote, sixty days, shall be entitled to vote at all elec- 
tions which are now or hereafter may be authorized by law. 

Sec. 2. Electors shall, in all cases except treason, felony, or 
breach of the peace, be privileged from arrest on the days of elec- 
tion, during their attendance at such elections, going to and re- 
turning therefrom. 

Sec. 3. No elector shall be obliged to perform military duty on 
the day of election, except in time of war or public danger. 

Sec. 4. No person in the military, naval, or marine service of 
the United States shall be considered a resident of this State by 
being stationed in any garrison, barrack, or military or naval 
place or station within this State. 

Sec. 5. No idiot or insane person, or person convicted of any 
infamous crime, shall be entitled to the privilege of an elector. 



CONSTITUTION OF THE STATE OF IOWA. 
Sec. 6. All elections by the people shall be by ballot. 

ARTICLE III— OF THE DISTRIBUTION OF POWERS. 

Section 1. The powers of the government of Iowa shall be di- 
vided into three separate departments: The Legislative, the Exec- 
utive and the Judicial; and no person charged with the exercise 
of powers properly belonging to one of these departments shall 
exercise any function appertaining to either of the others, except 
in cases hereinafter expressly directed or permitted. 

LEGISLATIVE DEPARTMENT. 

Section 1. The Legislative authority of this State shall be 
vested in a General Assembly, which shall consist of a Senate and 
House of Representatives; and the style of every law shall be: 
"Be it enacted by the General Assembly of the State of Iowa." 

Sec. 2. The sessions of the General Assembly shall be biennial, 
and shall commence on the second Monday in January next ensu- 
ing the election of its members; unless the Governor of the State 
shall, in the meantime, convene the General Assembly by procla- 
mation. 

Sec. 3. The members of the House of Representatives shall be 
chosen every second year, by the qualified electors of their re- 
spective districts, on the second Tuesday in October, except the 
years of the Presidential election, when the election shall be on 
the Tuesday next after the first Monday in November; and their 
term of office shall commence on the first day of January next 
after their election, and continue two years, and until their suc- 
cessors are elected and qualified. 

Sec. 4. No person shall be a member of the House of Repre- 
sentatives who shall not have attained the age of twenty-one 
years, be a male citizen of the United States, and shall have been 
an inhabitant of this State one year next preceding his election, 
and at the time of his election shall have had an actual residence 
of sixty days in the county or district he may have been chosen 
to represent. 

Sec. 5. Senators shall be chosen for the term of four years, at 
the same time and place as Representatives; they shall be twenty- 
five years of age, and possess the qualifications of Representatives 
as to residence and citizenship. 

Sec. 6. The number of Senators shall not be less than one- 
thfrd nor more than one-half the Representative body; and shall 



OUR STATE AND NATION. 

be so classified by lot, that one class being as nearly one-half as 
possible, shall be elected every two years. When the number of 
Senators is increased, they shall be annexed by lot to one or the 
other of the two classes, so as to keep them as nearly equal in 
numbers as practicable. 

' Sec. 7. Each House shall choose its own officers, and judge of 
the qualification, election and return of its own members. A con- 
tested election shall be determined in such manner as shall be 
directed by law. 

Sec. S. A majority of each House shall constitute a quorum to 
transact business; but a smaller number may adjourn from day 
to day, and may compel the attendance of absent members in such 
manner and under such penalties as each House may provide. 

Sec. 9. Each House shall sit upon its own adjournments, keep 
a journal of its proceedings, and publish the same; determine its 
rules of proceedings, punish members for disorderly behavior, 
and, with the consent of two-thirds, expel a member, but not a 
second time for the same offense; and shall have all other power 
necessary for -a branch of the Genaral Assembly of a free and in- 
dependent State. 

Sec. 10. Every member of the General Assembly shall have the 
liberty of dissent from, or protest against any act or resolution 
which he may think injurious to the public or an individual, and 
have the reasons for his dissent entered on the journals; and the 
yeas and nays of the members of either House, on any question, 
shall, at the desire of any two members present, be entered on the 
journals. 

Sec. 11. Senators and Representatives, in all cases, except trea- 
son, felony, or breach of the peace, shall be privileged from arrest 
during the session of the General Assembly, and in going to and 
returning from the same. 

Sec. 12. When vacancies occur in either House, the Governor, 
or the person exercising the functions of Governor, shall issue 
writs of election to fill such vacancies. 

Sec. 13. The doors of each House shall be open, except on such 
occasions as, in the opinion of the House, may require secrecy. 

Sec. 14. Neither House shall, without the consent of the other, 
adjourn for more than three days, nor to any other place than that 
in which they may be sitting. 

Sec. 15. Bills may originate in either House, and may be 
amended, altered or rejected by the other; and every bill having 
passed both Houses, shall be signed by the Speaker and Presi- 
dent of their respective Houses. 



CONSTITUTION OP THE STATE OF IOWA. 

Sec. 16. Every bill which shall have passed the General Assem- 
bly shall, before it becomes a law, be presented to the Governor. 
If he approve, he shall sign it; but if not, he shall return it, with 
his objections, to the House in which it originated, which shall 
enter the same upon their journal, and proceed to reconsider it; 
if, after such reconsideration, it again pass both Houses, by yeas 
and nays, by a majority of two-thirds of the members of each 
House, it shall become a law, notwithstanding the Governor's ob- 
jections. If any bill shall not be returned within three days after 
it shall have been presented to him (Sunday excepted), the same 
shall be a law in a like manner as if he had signed it, unless the 
General Assembly, by adjournment, prevent such return. Any bill 
submitted to the Governor for his approval during the last three 
days of a session of the General Assembly, shall be deposited 
by him in the office of the Secretary of State within thirty days 
after the adjournment, with his approval, if approved by him, 
and with his objections if he disapproves thereof. 

Sec. 17. No bill shall be passed unless by the assent of a ma- 
jority of all the members elected to each branch of the General 
Assembly, and the question upon the final passage shall be taken 
immediately upon its last reading, and the yeas and nays entered 
upon the journal. 

Sec. 18. An accurate statement of the receipts and expenditures 
of the public money shall be attached to and published with the 
laws at every regular session of the General Assembly. 

Sec. 19. The House of Representatives shall have the sole 
power of impeachment and all impeachments shall be tried by 
the Senate. When sitting for that purpose, the Senators shall be 
upon oath or affirmation; and no person shall be convicted with- 
out the concurrence of two-thirds of the members present. 

Sec. 20. The Governor, Judges of the Supreme and District 
Courts, and other State officers, shall be liable to impeachment 
for any misdemeanor or malfeasance in office; but judgment in 
such cases shall extend only to removal from office and disqualifi- 
cation to hold any office of honor, trust, or profit under this State; 
but the party convicted or acquitted shall nevertheless be liable 
to indictment, trial, and punishment according to law. All other 
civil officers shall be tried for misdemeanors and malfeasance in 
office, in such manner as the General Assembly may provide. 

Sec. 21. No Senator or Representative shall, during the time 

for which he shall have been elected, be appointed to any civil 

office of profit under this State, which shall have been created or 

the emoluments of which shall have been increased during such 

li 



OUR STATE AND NATION. 

term, except such offices as may be filled by elections by the 
people. 

Sec. 22. No person holding any lucrative office under the United 
States, or this State, or any other power, shall be eligible to hold 
a seat in the General Assembly; but offices in the militia, to 
which there is attached no annual salary, or the office of justice 
of the peace, or postmaster, whose compensation does not exceed 
one hundred dollars per annum, or notary public, shall not be 
deemed lucrative. 

Sec. 23. No person who may hereafter be a collector or holder 
of public moneys, shall have a seat in either House of the General 
Assembly, or be eligible to hold any office of trust or profit in this 
State, until he shall have accounted for and paid into the treasury 
all sums for which he may be liable. 

Sec. 24. No money shall be drawn from the treasury but in 
consequence of appropriations made by law. 

Sec. 25. Each member of the first General Assembly under 
this Constitution shall receive three dollars per diem while in 
session; and the further sum of three dollars for every twenty 
miles traveled in going to and returning from the place where 
such session is held, by the nearest traveled route; after which 
they shall receive such compensation as shall be fixed by law; 
but no General Assembly shall have the power to increase the 
compensation of its members. And when convened in extra ses- 
sion they shall receive the same mileage and per diem compensa- 
tion as fixed by law for the regular session, and none other. 

Sec. 26. No law of the General Assembly, passed at a regular 
session, of a public nature, shall take effect until the fourth day 
of July next after the passage thereof. Laws passed at a special 
session shall take effect ninety days after the adjournment of the 
General Assembly by which they were passed. If the General 
Assembly shall deem any law of immediate importance, they may 
provide that the same shall take effect by publication in the news- 
papers in the State. 

Sec. 27. No divorce shall be granted by the General Assembly. 

Sec. 28. No lottery shall be authorized by this State; nor shall 
the sale of lottery tickets be allowed. 

Sec. 29. Every act shall embrace but one subject, and matters 
properly connected therewith, which subject shall be expressed in 
the title; but if any subject shall be embraced in an act which 
shall not be expressed in the title, such act shall be void only as 
to so much thereof as shall not be expressed in the title, 



CONSTITUTION OF THE STATE OP IOWA. 

Sec. 30. The General Assembly shall not pass local or special 
laws in the following cases: 

For the assessment and collection of taxes for State, county, or 
road purposes; 

For laying out, opening, and working roads or highways; 

For changing the names of persons; 

For the incorporation of cities and towns; 

For vacating roads, town plats, streets, alleys, or public 
squares; 

For locating or changing county seats. 

In all the cases above enumerated, and in all other cases where 
a general law can be made applicable, all laws shall be general, 
and of uniform operation throughout the State; and no law chang- 
ing the boundary lines of any county shall have effect until, upon 
being submitted to the people of the counties affected by the 
change, at a general election, it shall be approved by a majority 
of the votes in each county, cast for and against it. 

Sec. 31. No extra compensation shall be made to any officer, 
public agent, or contractor, after the service shall have been ren- 
dered, or the contract entered into; nor shall any money be paid 
on" any claim, the subject matter of which shall not have been 
provided for by pre-existing laws, and no public money or prop- 
erty shall be appropriated for local or private purposes, unless 
such appropriation, compensation or claim be allowed by two- 
thirds of the members elected to each branch of the General As- 
sembly. 

Sec. 32. Members of the General Assembly shall, before they 
enter upon the duties of their respective offices, take and sub- 
scribe the following oath or affirmation: "I do solemnly swear 
(or affirm, as the case may be) that I will support the Constitu- 
tion of the United States, and the constitution of the State of Iowa, 
and that I will faithfully discharge the duties of Senator (or 
Representative, as the case may be), according to the best of my 
ability ;" and members of the General Assembly are hereby em- 
powered to administer to each other the said oath or affirmation. 

Sec. 33. The General Assembly shall, in the years one thou- 
sand eight hundred and fifty-nine, one thousand eight hundred 
and sixty-three, one thousand eight hundred and sixty-five, one 
thousand eight hundred and sixty-seven, one thousand eight hun- 
dred and sixty-nine, one thousand eight hundred and seventy-five, 
and every ten years thereafter, cause an enumeration to be made 
of all the inhabitants of the State. 

Sec. 34. The number of Senators shall, at the next session fol- 



OUR STATE AND NATION. 

lowing each period of making such enumeration, and the next 
session following each United States census, be fixed by law, and 
apportioned among the several counties according to the number 
of inhabitants in each. 

Sec. 35. The Senate shall not consist of more than fifty mem- 
bers, nor the House of Representatives of more than one hundred ; 
and they shall be apportioned among the several counties and 
representative districts of the State according to the number of 
inhabitants in each, upon ratios to be fixed by law; but no rep- 
resentative district shall contain more than four organized coun- 
ties, and each district shall be entitled to at least one Repre- 
sentative. Every county and district which shall have a number 
of inhabitants equal to one-half of the ratio fixed by law, shall be 
entitled to one Representative; and any one county containing, 
in addition to the ratio fixed by law, one-half of that number, or 
more, shall be entitled to one additional Representative. No 
floating district shall hereafter be formed. 

Sec. 36. At its first session under this Constitution, and at 
every subsequent regular session, the General Assembly shall fix 
the ratio of representation, and also form into representative dis- 
tricts those counties which will not be entitled smgly to a Rep- 
resentative. 

Sec. 37. When a Congressional, Senatorial, or Representative 
district shall be composed of two or more counties, it shall not 
be entirely separated by any county belonging to another district; 
and no county shall be divided in forming a Congressional, Sena- 
torial, or Representative district. 

Sec. 38. In all elections by the General Assembly, the members 
thereof shall vote Viva Voce; and the votes shall be entered on 
the journal. 

ARTICLE IV.— EXECUTIVE DEPARTMENT. 

Section 1. The supreme executive power of this State shall be 
vested in a Chief Magistrate, who shall be styled the Governor of 
the State of Iowa. 

Sec. 2. The Governor shall be elected by the qualified electors 
at the time and place of voting for members of the General As- 
sembly, and shall hold his office two years from the time of his 
installation, and until his successor is elected and qualified. 

Sec. 3. There shall be a Lieutenant-Governor, who shall hold 
his office two years, and be elected at the same time as the Gov- 
ernor. In voting for Governor and Lieutenant-Governor, the 



CONSTITUTION OF THE STATE OF IOWA. 

electors shall designate for whom they vote as Governor, and for 
whom as Lieutenant-Governor. The returns of every election for 
Governor and Lieutenant-Governor shall be sealed up and trans- 
mitted to the seat of Government of the State, directed to the 
Speaker of the House of Representatives, who shall open and 
publish them in the presence of both Houses of the General As- 
sembly. 

Sec. 4. The persons respectively having the highest number of 
votes for Governor and Lieutenant-Governor shall be declared 
duly elected; but in case two or more persons shall have an 
equal, and the highest number of votes for either office, the Gen- 
eral Assembly shall, by joint vote, forthwith proceed to elect one 
of said persons Governor, or Lieutenant-Governor, as the case 
may be. 

Sec. 5. Contested elections for Governor or Lieutenant-Gov- 
ernor, shall be determined by the General Assembly in such man- 
ner as may be prescribed by law. 

Sec. 6. No person shall be eligible to the office of Governor or 
Lieutenant-Governor, who shall 'not have been a citizen of the 
United States and a resident of the State two years next preced- 
ing the election, and attained the age of thirty years at the time 
of said election. 

Sec. 7. The Governor shall be commander-in-chief of the mili- 
tia, the army and navy of this State. 

Sec. 8. He shall transact all executive business with the officers 
of government, civil and military, and may require information 
in writing from the officers of the Executive Department upon 
any subject relating to the duties of their respective offices. 

Sec. 9. He shall take care that the laws are faithfully executed. 

Sec. 10. When any office shall, from any cause, become vacant, 
and no mode is provided by the Constitution and laws for filling 
such vacancy, the Governor shall have power to fill such vacancy 
by granting a commission, which shall expire at the end of the 
next session of the General Assembly, or at the next election by 
the people. 

Sec. 11. He may, on extraordinary occasions, convene the Gen- 
eral Assembly by proclamation, and shall state to both Houses, 
when assembled, the purpose for which they shall have been con- 
vened. 

Sec. 12. He shall communicate, by message, to the General 
Assembly, at every regular session, the condition of the State, 
and recommend such matters as he shall deem expedient. 

Sec. 13. In casd of disagreement^ between the two Houses 



OUR STATE AND NATION. 

with respect to the time of adjournment, the Governor shall have 
power to adjourn the General Assembly to such time as he may- 
think proper; but no such adjournment shall be beyond the time 
fixed for the regular meeting of the next General Assembly. 

Sec. 14. No person shall, while holding any office under the 
authority of the United States, or this State, execute the office 
of Governor or Lieutenant-Governor, except as hereinafter ex- 
pressly provided. 

bee. 15. The official term of the Governor and Lieutenant-Gov- 
ernor, shall commence on the second Monday of January next 
after their election, and continue for two years, and until their 
successors are elected and qualified. The Lieutenant-Governor, 
while acting as Governor, shall receive the same pay as provided 
for Governor; and while presiding in the Senate, shall receive as 
compensation therefor the same mileage and double the per diem 
pay provided for a Senator, and none other. 

Sec. 16. The Governor shall have power to grant reprieves, 
commutations and pardons, after conviction, for all offenses ex- 
cept treason and cases of impeachment, subject to such regulations 
as may be provided by law. Upon conviction for treason, he shall 
have power to suspend the execution of the sentence until the 
case shall be reported to the General Assembly at its next meet- 
ing, when the General Assembly shall either grant a pardon, com- 
mute the sentence, direct the execution of the sentence, or grant 
a further reprieve. He shall have power to remit fines and for- 
feitures, under such regulations as may be prescribed by law; 
and shall report to the General Assembly, at its next meeting, 
each case of reprieve, commutation, or pardon granted, and the 
reason therefor; and >aJso all persons in whose favor remission 
of fines and forfeitures shall have been made, and the several 
amounts remitted. 

Sec. 17. In case of the death, impeachment, resignation, re- 
moval from office, or other disability of the Governor, the powers 
and duties of the office for the residue of the term, or until he 
shall be acquitted, or the disability removed, shall devolve upon 
the Lieutenant-Governor. 

Sec. 18. The Lieutenant-Governor shall be President of the 
Senate, but shall only vote when the Senate is equally divided; 
and in case of his absence or impeachment, or when he shall 
exercise the office of Governor, the Senate shall choose a Presi- 
dent pro tempore. 

Sec. 19. If the Lieutenant-Governor, while acting as Governor, 
shall be impeached, displaced, resign or die, or otherwise become 



CONSTITUTION OP THE STATE OF IOWA. 

incapable of performing the duties of the office, the President pro 
tempore of the Senate shall act as Governor until the vacancy is 
filled, or the disability removed; and if the President of the Sen- 
ate, for any of the above causes, shall be rendered incapable of 
performing the duties pertaining to the office of Governor, the 
.same shall devolve upon the Speaker of the House of Representa- 
tives. 

Sec. 20. There shall be a seal of this State, which shall be kept 
by the Governor, and used by him officially, and shall be called 
the Great Seal of the State of Iowa. 

Sec. 21. All grants and commissions shall be in the name and 
by the authority of the people of the State of Iowa, sealed with 
the Great Seal of the State,- signed by the Governor, and counter- 
signed by the Secretary of State. 

Sec. 22. A Secretary of State, Auditor of State, and Treasurer 
of State, shall be elected by the qualified electors, who shall con- 
tinue in office two years, and until their successors are elected and 
qualified, and perform such duties as may be required by law. 

ARTICLE V.— JUDICIAL DEPARTMENT. 

Section 1. The Judicial power shall be vested in a Supreme 
Court, District Court, and such other Courts, inferior to the Su- 
preme Court, as the General Assembly may, from time to time, 
establish. 

Sec. 2. The Supreme Court shall consist of three Judges, two of 
whom shall constitute a quorum to hold Court. 

Sec. 3. The Judges of the Supreme Court shall be elected by 
the qualified electors of the State, and shall hold their Court at 
such time and place as the General Assembly may prescribe. The 
Judges of the Supreme Court, so elected, shall be classified so that 
one Judge shall go out of office every two years; and the Judge 
holding the shortest term of office, under such classification, shall 
be Chief Justice of the Court during his term, and so on in rota- 
tion. After the expiration of their terms of office, under such 
classification, the term of each Judge of the Supreme Court shall 
be six years, and until his successor shall have been elected and 
qualified. The Judges of the Supreme Court shall be ineligible to 
any other office in the State during the term for which they have 
been elected. 

Sec. 4. The Supreme Court shall have appellate jurisdiction 
only in cases in chancery, and shall constitute a Court for the cor- 
rection of errors at law, under such restrictions as the General 



OUR STATE AND NATION. 

Assembly may by law prescribe; and shall have power to issue all 
writs and process necessary to secure justice to parties, and exer- 
cise a supervisory control over all inferior judicial tribunals 
throughout the State. 

Sec. 5. The District Court shall consist of a single Judge, who 
shall be elected by the qualified electors of the District in which 
he resides. The Judge of the District Court shall hold his office 
for the term of four years, and until his successor shall have been 
elected and qualified; and shall be ineligible to any other office, 
except that of Judge of the Supreme Court, during the term for 
which he was elected. 

Sec. 6. The District Court shall be a Court of law and equity, 
which shall be distinct and separate jurisdictions, and have juris- 
diction in civil and criminal matters arising in their respective 
districts in such manner as shall be prescribed by law. 

Sec. 7. The Judges of the Supreme and District Courts shall be 
conservators of the peace throughout the State. 

Sec. 8. The style of all process shall be, "The State of Iowa," 
and all prosecutions shall be conducted in the name and by the 
authority of the same. 

Sec. 9. The salary of each Judge of the Supreme Court shall be 
two thousand per annum, and that of each District Judge one 
thousand six hundred dollars per annum, until the year eighteen 
hundred and sixty; after which time they shall severally receive 
such compensation as the General Assembly may, by law, pre- 
scribe, which compensation shall not be increased or diminished 
during the term for which they shall have been elected. 

Sec. 10. The State shall be divided into eleven Judicial Dis- 
tricts, and after the year eighteen hundred and sixty, the General 
Assembly may reorganize the Judicial Districts, and increase or 
diminish the number of Districts, or the number of Judges of the 
said Court, and may increase the number of Judges of the Su- 
preme Court; but such increase or diminution shall not be more 
than one District, or one Judge of either Court, at any one session, 
and no reorganization of the Districts, or diminution of the num- 
ber of Judges, shall have the effect of removing a Judge from 
office. Such reoragnization of the Districts, or any change in the 
boundaries thereof, or increase or diminution of the number of 
Judges, shall take place every four years thereafter, if necessary, 
and at no other time. 

Sec. 11. The Judges of the Supreme and District Courts shall 
be chosen at the general election; and the term of office of each 



CONSTITUTION OF THE STATE OP IOWA. 

Judge shall commence on the first day of January next after his 
election. 

Sec. 12. The General Assembly shall provide by law for the 
election of an Attorney-General by the people, whose term of 
office shall be two years, and until his successor shall have been 
ed and qualified. 

Sec' 13. The qualified electors of each Judicial District shall, 
at the time of the election of District Judge, elect a District At- 
torney, who shall be a resident of the District for which he is 
elected, and who shall hold his ofiice for the term of four years, 
and until his successor shall have been elected and qualified. 

Sec. 14. It shall be the duty of the General Assembly to pro- 
vide for the carrying into effect of this article, and to provide for 
a general system of practice in all the Courts of this State. 

ARTICLE VI.— MILITIA. 

Section 1. The militia of this State shall be composed of all 
able-bodied male citizens between the ages of eighteen and forty- 
five years, except such as are, or may hereafter be, exempt by the 
laws of the United States, or of this State, and shall be armed, 
equipped, and trained, as the General Assembly may provide by 
law. 

Sec. 2. No person or persons conscientiously scrupulous of 
bearing arms shall be compelled to do military duty in time of 
peace; Provided, that such person or persons shall pay an equiva- 
lent for such exemption in the same manner as other citizens. 

Sec. 3. All commissioned officers of the militia (staff officers 
excepted) shall be elected by persons liable to perform military 
duty, and shall be commissioned by the Governor. 

ARTICLE VII.— STATE DEBTS. 

Section 1. The credit of the State shall not, in any manner, be 
given or loaned to, or in aid of, any individual, association or cor- 
poration; and the State shall never assume, or become responsible 
for, the debts or liabilities of any individual, association, or cor- 
poration, unless incurred in time of war for the benefit of the 
State. 

Sec. 2. The State may contract debts to supply casual deficits 
or failures in revenues, or to meet expenses not otherwise pro- 
vided for; but the aggregate amount of such debts, direct and 
contingent, whether contracted by virtue of one or more acts of 



OUR STATE AND NATION. 

the General Assembly, or at different periods of time, shall never 
exceed the sum of two hundred and fifty thousand dollars, and the 
money arising from the creation of such debts shall be applied to 
the purpose for which it was obtained, or to repay the debts so 
contracted, and to no other purpose whatever. 

Sec. 3. All losses to the Permanent, School, or University fund 
of this State, which shall have been occasioned by the defalcation, 
mismanagement or fraud of the agents or officers controlling and 
managing the same, shall be audited by the proper authorities of 
the State. The amount so audited shall be a permanent funded 
debt against the State, in favor of the respective fund, sustaining 
the loss, upon which not less than six per cent, annual interest 
shall be paid. The amount of liability so created shall not be 
counted as a part of the indebtedness authorized by the second 
section of this article. 

Sec. 4. In addition to the above limited power to contract debts, 
the State may contract debts to repel invasion, suppress insurrec- 
tion, or defend the State in war; but the money arising from the 
debts so contracted shall be applied to the purpose for which it 
was raised, or to repay such debts, and to no other purpose what- 
ever. 

Sec. 5. Except the debts hereinbefore specified in this article, 
no debt shall be hereafter contracted by or on behalf of this State, 
unless such debt shall be authorized by some law for some single 
work or object, to be distinctly specified therein; and such law 
shall impose and provide for the collection of a direct annual tax, 
sufficient to pay the interest on such debt, as it falls due, and also 
to pay and discharge the principal of such debt, within twenty 
vears from the time of the contracting thereof; but no such law 
shall take effect until, at a general election, it shall have been sub- 
mitted to the people, and have received a majority of all the votes 
cast for and against it at such election; and all money raised by 
authority of such law, shall be applied only to the specific object 
therein stated, or to the payment of the debt created thereby; and 
euch law shall be published in at least one newspaper in each 
county, if one is published therein, throughout the State, for 
three months preceding the election at which it is submitted to 
the people. 

Sec. 6. The Legislature may, at any time after the approval of 
such law by the people, if no debt shall have been contracted in 
pursuance thereof, repeal the same, and may at any time forbid 
the contracting of any further debt or liability under such law; 
but the tax imposed by such law, in proportion to the debt or 



CONSTITUTION OP THE STATE OF IOWA. 

liability which may have been contracted in pursuance thereof, 
shall remain in force and be irrepealable, and be annually col- 
lected, until the principal and interest are fully paid. 

Sec. 7. Every law which imposes, continues, or revives a tax, 
shall distinctly state the tax, and the object to which it is to be 
applied; and it shall not be sufficient to refer to ally other law to 
fix such tax or object. 

ARTICLE VIII.— CORPORATIONS. 

Section 1. No corporation shall be created by special laws; but 
the General Assembly shall provide, by general laws, for the or- 
ganization of all corporations hereafter to be created, except as 
hereinafter provided. 

Sec. 2. The property for all corporations for pecuniary profit 
shall be subject to taxation, the same as that of individuals. 

Sec. 3. The State shall not become a stockholder in any cor- 
poration, nor shall it assume or pay the debt or liability of any 
corporation, unless incurred in time of war, for the benefit of the 
State. 

Sec. 4. No political or municipal corporation shall become a 
stockholder in any banking corporation, directly or indirectly. 

Sec. 5. No act of the General Assembly, authorizing or creat- 
ing corporations or associations with banking powers, nor 
amendments thereto, shall take effect or in any manner be in 
force, until the same shall have been submitted, separately, to 
the people, at a general or special election, as provided by law, 
to be held not less than three months after the passage of the act, 
and shall have been approved by a majority of all the electors 
voting for and against it at such election. 

Sec. 6. Subject to the provisions of the foregoing section, the 
General Assembly may also provide for the establishment of a 
State Bank, with branches. 

Sec. 7. If a State Bank be established, it shall be founded on 
an actual specie basis, and the branches shall be mutually respon- 
sible for each other's liabilities upon all notes, bills, and other 
issues intended for circulation as money. 

Sec. 8. If a general banking law shall be enacted, it shall pro- 
vide for the registry and countersigning, by an officer of State, of 
all bills or paper credit designed to circulate as money, and re- 
quire security to the full amount thereof, to be deposited with the 
State Treasurer, in United States stocks, or in interest-paying 
stocks of States in good credit and standing, to be rated at ten per 



OUR STATE AND NATION. 

cent, below their average value in the city of New York, for the 
thirty days next preceding their deposit; and in case of a depre- 
ciation of any portion of such stocks, to the amount of ten per 
cent, on the dollar, the bank or banks owning said stocks shall be 
required to make up said deficiency by depositing additional 
stocks; and said law shall also provide for the recording of the 
names of all stockholders in such corporations, the amount of 
stock held by each, the time of any transfer and to whom. 

Sec. 9. Every stockholder in a banking corporation or institu- 
tion shall be individually responsible and liable to its creditors, 
over and above the amount of stock by him or her held, to an 
amount equal to his or her respective shares so held, for all of its 
liabilities, accruing while he or she remains such stockholder. 

Sec. 10. In case of the insolvency of any banking institution, 
the bill holders shall have a preference over its other creditors. 

Sec. 11. The suspension of specie payments by banking insti- 
tutions shall never be permitted or sanctioned. 

Sec. 12. Subject to the provisions of this article, the General 
Assembly shall have power to amend or repeal all laws for the 
crganization or creation of corporations, or granting of special or 
exclusive privileges or immunities, by a vote of two-thirds of 
each branch of the General Assembly; and no exclusive privileges, 
except as in this article provided, shall ever be granted. 



ARTICLE IX.— EDUCATION AND SCHOOL LANDS. 
FIRST— EDUCATION. 

Section 1. The educational interest of the State, including 
Common Schools and other educational institutions, shall be 
under the management of a Board of Education, which shall con- 
sist of the Lieutenant-Governor, who shall be the presiding officer 
of the Board, and have the casting vote in case of a tie, and one 
member to be elected from each judicial district in the State. 

Sec. 2. No person shall be eligible as a member of said Board 
who shall not have attained the age of twenty-five years, and 
shall have been one year a citizen of the State. 

Sec. 3. One member of said Board shall be chosen by the qual- 
ified electors of each district, and shall hold the office for the 
term of four years, and until his successor is elected and qualified. 
After the first election under this Constitution, the Board shall be 
divided, as nearly as practicable, into two equal classes, and the 
seats of the first class shall be vacated after the expiration of two 



CONSTITUTION OF THE STATE OP IOWA. 

years, and one-half of the Board shall be chosen every two years 
thereafter. 

Sec. 4. The first session of the Board of Education shall be 
held at the Seat of Government, on the first Monday of December 
after their election, after which the General Assembly may fix the 
time and place of meeting. 

Sec. 5. The session of the Board shall be limited to twenty 
days, and but one session shall be held in any one year, except 
upon extraordinary occasions, when, upon the recommendation of 
two-thirds of the Board, the Governor may order a special session. 

Sec. 6. The Board of Education shall appoint a Secretary, who 
shall be the executive officer of the Board, and perform such duties 
as may be imposed upon him by the Board, and the laws of the 
State. They shall keep a journal of their proceedings, which 
shall be published and distributed in the same manner as the 
journals of the General Assembly. 

Sec. 7. All rules and regulations made by the Board shall be 
published and distributed to the several counties, townships, and 
school districts, as may be provided for by the Board, and when 
so made, published, and distributed, they shall have the force and 
effect of law. 

Sec. 8. The Board of Education shall have full power and au- 
thority to legislate and make all needful rules and regulations in 
relation to Common Schools, and other educational institutions 
that are instituted, to receive aid from the School or University 
fund of this State; but all acts, rules and regulations of said 
Board may be altered, amended, or repealed by the General As- 
sembly, and when so altered, amended, or repealed, they shall not 
be re-enacted by the Board of Education. 

Sec. 9. The Governor of the State shall be, ex officio, a member 
of said Board. 

Sec. 10. The Board shall have no power, to levy taxes, or make 
appropriations of money. Their contingent expenses shall be pro- 
vided for by the General Assembly. 

Sec. 11. The State University shall be established at one place 
without branches at any other place, and the University fund 
shall be applied to that institution and no other. 

Sec. 12. The Board of Education shall provide for the education 
of all the youths of the State, through a system of common 
schools, and such schools shall be organized and kept in each 
school district at least three months in each year. Any district 
failing, for two consecutive years, to organize and keep up a 



OUR STATE AND NATION. 

school, as aforesaid, may be deprived of their portion of the 
school fund. 

Sec. 13. The members of the Board of Education shall each 
receive the same per diem during the time of their session, and 
mileage going to and returning therefrom, as members of the 
General Assembly. 

Sec. 14. A majority of the Board shall constitute a quorum for 
the transaction of business; but no rule, regulation, or law for 
the government of common schools or other educational institu- 
tions shall pass without the concurrence of a majority of all the 
members of the Board, which shall be expressed by the yeas and 
nays on the final passage. The style of all acts of the Board shall 
be: "Be it enacted by the Board of Education of the State of 
Iowa." 

Sec. 15. At any time after the year one thousand eight hun- 
dred and sixty-three, the General Assembly shall have power to 
abolish or reorganize said Board of Education, and provide for 
the educational interests of the State in any other manner that 
to them shall seem best and proper. 

SECOND— SCHOOL FUNDS AND SCHOOL LANDS. 

Section 1. The educational and school funds and lands shall 
be under the control and management of the General Assembly 
of this State. 

Sec. 2. The University lands, and the proceeds thereof, and all 
moneys belonging to said fund, shall be a permanent fund for 
the sole use of the State University. The interest arising from 
the same shall be annually appropriated for the support and 
benefit of said University. 

Sec. 3. The General Assembly shall encourage, by all suitable 
means, the promotion of intellectual, scientific, moral, and agri- 
cultural improvement. The proceeds of all lands that have been, 
or hereafter may be, granted by the United States to this State, 
for the support of schools, which may have been or shall here- 
after be sold or disposed of, and the five hundred thousand acres 
of land granted to the new States, under an act of Congress, dis- 
tributing the proceeds of the public lands among the several 
States of the Union, approved in the year of our Lord one thou- 
sand eight hundred and forty-one, and all estates of deceased per- 
sons who may have died without leaving a will or heir, and also 
such per cent, as has been or may hereafter be granted by Con- 
gress, on the sale of lands in this State, shall be and remain a 



CONSTITUTION OF THE STATE OP IOWA. 

perpetual fund, the interest of which, together with all rents of 
the unsold lands, and such other means as the General Assembly 
may provide, shall be inviolably appropriated to the support of 
common schools throughout the State. 

Sec. 4. The money which may have been or shall be paid by 
persons as an equivalent from exemption from military duty, 
and the clear proceeds of a!' fines collected in the several coun- 
ties for any breach of the penal laws, shall be exclusively applied, 
in the several counties in which such money is paid, or fine col- 
lected, among the several schc districts of said counties, in pro- 
portion to the number c youths subject to enumeration in such 
districts, to the support of common schools, or the establish- 
ment of libraries, as the Board of Education shall from time to 
time provide. 

Sec. 5. The General Assembly shall take measures for the pro- 
tection, improvement, or other disposition of such lands as have 
been, or may hereafter be, reserved or granted by the United 
States, or any person or persons, to this State, for the use of the 
University, and the funds accruing from the rents or sale of such 
lands, or from any other source for the purpose aforesaid, shall 
be and remain a permanent fund, the interest of which shall be 
applied to the support of said University, for the promotion of 
literature, the art3 and sciences, as may be authorized by the 
terms of such grant; and it shall be the duty of the General As- 
sembly, as soon as may be, to provide effectual means for the 
improvement and permanent security of the funds of said Uni- 
versity. 

Sec. 6. The financial agents of the school funds shall be the 
same that by law receive and control the State and county rev- 
enue, for other civil purposes, under such regulations as may be 
provided by law. 

Sec. 7. The money subject to the support and maintenance of 
common schools shall be distributed to the districts in proportion 
to the number of youths between the ages of five and twenty-one 
years, in such manner as may be provided by the General As- 
sembly. 

ARTICLE X— AMENDMENTS TO THE CONSTITUTION. 

Section 1. Any amendment or amendments to this Constitution 
may be proposed in either House of the General Assembly; and if 
the same shall be agreed to by a majority of the members elected 
to each of the two Houses, such proposed amendment shall be 



OUR STATE AND NATION. 

entered on their journals, with the yeas and nays taken thereon, 
and referred to the Legislature to be chosen at the next general 
election, and shall be published, as provided by law, for three 
months previous to the time of making such choice; and if, in 
the General Assembly so next chosen as aforesaid, such proposed 
amendment or amendments shall be agreed to, by a majority of 
all the members elected to each House, then it shall be the duty 
of the General Assembly to submit such proposed amendment or 
amendments to the people in such manner and at such time 
as the General Assembly shall provide; and if the people shall 
approve and ratify such amendment or amendments by a ma- 
jority of the electors qualified to vote for members of the General 
Assembly, voting thereon, such amendment or amendments shall 
become a part of the Constitution of this State. 

Sec. 2. If two or more amendments shall be submitted at the 
same time, they shall be submitted in such manner that the 
electors shall vote for or against each of such amendments 
separately. 

Sec. 3. At the general election to be held in* the year one 
thousand eight hundred and seventy, and in each tenth year 
thereafter, and also at such times as the General Assembly may 
by law provide, the question, "Shall there be a Convention to 
revise the Constitution and amend the same?" shall be decided 
by the electors qualified to vote for members of the General As- 
sembly; and in case a majority of the electors so qualified, voting 
at such election for and against such proposition, shall decide 
in favor of a Convention for such purpose, the General Assembly, 
at its next session, shall provide by law for the election of dele- 
gates to such Convention. ■ 

ARTICLE XL— MISCELLANEOUS. 

Section 1. The jurisdiction of Justices of the Peace shall ex- 
tend to all civil cases (except cases in chancery, and cases where 
the question of title to real estate may arise) where the amount 
in controversy does not exceed one hundred dollars, and by the 
consent of parties may be extended to any amount not exceeding 
three hundred dollars. 

Sec. 2. No new county shall be hereafter created containing 
less than four hundred and thirty-two square miles, nor shall 
the territory of any organized county be reduced below that area, 
except the county of Worth, and the counties west of it, along the 
northern boundary of this State may be organized without ad- 
ditional territory. 



CONSTITUTION OF THE STATE OF IOWA. 

Sec. 3. No county, or other political or municipal corporation, 
shall be allowed to become indebted, in any manner or for any 
purpose, to an amount, in the aggregate, exceeding five per 
centum of the value of the taxable property within such county 
or corporation — to be ascertained by the last State and county 
tax lists, previous to the incurring of such indebtedness. 

Sec. 4. The boundaries of the State may be enlarged, with the 
consent of Congress and the General Assembly. 

Sec. 5. Every person elected or appointed to any office, shall, 
before entering upon the duties thereof, take an oath or affirma- 
tion to support the Constitution of the United States, and of this 
State, and also an oath of office. 

Sec. 6. In -all cases of elections to fill vacancies in office occur- 
ring before the expiration of a full term, the person so elected 
shall hold for the residue of the unexpired term; and all persons 
appointed to fill vacancies in office shall hold until the next gen- 
eral election, and until their successors are elected and qualified. 

Sec. 7. The General Assembly shall not locate any of the pub- 
lic lands which have been or may be granted by Congress to this 
State, and the location of which may be given to the General As- 
sembly, upon lands actually settled, without the consent of the 
occupant. The extent of the claim of such occupant so exempted 
shall not exceed three hundred and twenty acres. 

Sec. 8. The seat of government is hereby permanently estab- 
lished, as now fixed by law, at the city of Des Moines, in the 
county of Polk; and the State University at Iowa City, in the 
county of Johnson. 

ARTICLE XII.— SCHEDULE. 

Section 1. The Constitution shall be the supreme law of the 
State, and any law inconsistent therewith shall be void. The 
General Assembly shall pass all laws necessary to carry this 
Constitution into effect. 

Sec. 2. All laws now in force and not inconsistent with this 
Constitution, shall remain in force until they shall expire or be 
repealed. 

Sec. 3. All indictments, prosecutions, suits, pleas, plaints, 
process, and other proceedings pending in any of the courts, 
shall be prosecuted to final judgment and execution; and all ap- 
peals, writs of error, certiorari and injunctions, shall be carried 
on in the several courts, in the same manner as now provided by 
law, and all offenses, misdemeanors and crimes that may have 
been committed before the taking effect of this Constitution, shall 



OUR STATE AND NATION. 

be subject to indictment, trial and punishment, dn the same man* 
ner as they would have been had not this Constitution been made. 

Sec. 4. All fines, penalties, or forfeitures due, or to become due, 
or accruing to the State, or to any county therein, or to the school 
fund, shall inure to the State, county or school fund, in the man- 
ner prescribed by law. 

Sec. 5. All bonds executed to the State, or to any officer in his 
official capacity, shall remain in force and inure to the use of 
those concerned. 

Sec. 6. The election under this Constitution shall be held on 
the second Tuesday in October, in the year one thousand eight 
hundred and fifty-seven, at which time the electors of the State 
shall elect the Governor and Lieutenant-Governor. There shall 
also be elected at such election the successors of such State Sena- 
tors as were elected at August election, in the year one thousand 
eight hundred and fifty-four, and members of the House of Rep- 
resentatives, who shall be elected in accordance with the act of 
apportionment, enacted at the session of the General Assembly 
which commenced on the first Monday of December, one thousand 
eight hundred and fifty-six. 

Sec. 7. The first election for Secretary, Auditor, and Treasurer 
of State, Attorney-General, District Judges, Members of the 
Board of Education, District Attorneys, Members of Congress, and 
such State officers as shall be elected at the April election, in the 
year one thousand eight hundred* and fifty-seven (except the Su- 
perintendent of Public Instruction), and such county officers as 
were elected at the August election, in the year one thousand 
eight hundred and fifty-six, except Prosecuting Attorneys, shall 
be held on the second Tuesday of October, one thousand eight 
hundred and fifty-eight: Provided, that the time for which any 
District Judge or other State or county officer elected at the April 
election in the year one thousand eight hundred and fifty-eight, 
shall not extend beyond the time fixed for filling like offices at the 
October election, in the year one thousand eight hundred and fifty- 
eight. 

Sec. 8. The first election for Judges of the Supreme Court, and 
such county officers as shall be elected at the August election, in 
the year one thousand eight hundred and fifty-seven, shall be 
held on the second Tuesday of October, in the year one thousand 
eight hundred and fifty-nine. 

Sec. 9. The first regular session of the General Assembly shall 
be held in the year one thousand eight hundred and fifty-eight, 
commencing on the second Monday of January of said year. 



CONSTITUTION OF THE STATE OF IOWA. 

Sec. 10. Senators elected at the August election, in the year one 
thousand eight hundred and fifty-six, shall continue in office until 
the second Tuesday of October, in the year one thousand eight 
hundred and fifty-nine, at which time their successor shall be 
elected as may be prescribed by law. 

Sec. 11. Every person elected by popular vote, by a vote of the 
General Assembly, or who may hold office by executive appoint- 
ment, which office is continued by this Constitution, and every 
person who shall be so elected or appointed to any such office, 
before the taking effect of this Constitution (except as in this 
Constitution otherwise provided) shall continue in office until the 
term for which such person has been or may be elected or ap- 
pointed shall expire; but no such person shall continue in office 
after the taking effect of this Constitution., for a longer period 
than the term of such office, in this Constitution prescribed. 

Sec. 12. The general Assembly, at the first session under this 
Constitution, shall district the State into eleven Judicial Dis- 
tricts, for District Court purposes; and shall also provide for 
the apportionment of the members of the General Assembly in 
accordance with the provisions of this Constitution. 

Sec. 13. This Constitution shall be submitted to the electors of 
the State at the August election, in the year one thousand eight 
hundred and fifty-seven, in the several election districts in this 
State. The ballots at such election shall be written or printed, as 
follows: Those in favor of the Constitution, "New Constitution 
— Yes." Those against the Constitution, "New Constitution — No". 
The election shall be conducted in the same manner as the gen- 
eral elections of the State, and the poll-books shall be returned 
and canvassed as provided in the twenty-fiftih chapter of the 
Code, and abstracts shall be forwarded to the Secretary of State, 
which abstracts shall be canvassed in the manner provided for the 
canvass of State officers; and if it shall appear that a majority of 
all the votes cast at such election for and against this Constitu- 
tion are in favor of the same, the Governor shall immediately 
issue his proclamation stating that fact, and such Constitution 
shall be the Constitution of the State of Iowa, and shall take 
effect from and after the publication of said proclamation. 

Sec. 14. At the same election that this Constitution is submit- 
ted to the people for its adoption or rejection, a proposition to 
amend the same by striking out the word "white" from the article 
on the "Right of Suffrage," shall be separately submitted to the 
electors of this State for adoption or rejection, in the manner 
following, viz.: A separate ballot may be given by every person 

19 



OUR STATE AND NATION. 

having a right to vote at said election, to be deposited in a sepa- 
rate box. And those given for the adoption of such proposition 
shall have the words, "Shall the word 'white' be stricken out 
of the article on the 'Right of Suffrage?' Yes." And those given 
against the proposition shall have the words, "Shall the word 
'white' be stricken out of the article on the 'Right of Suffrage?' 
No." And if at said election the number of ballots cast in 
favor of said proposition shall be equal to a majority of those cast 
for and against this Constitution, then said word "white" shall 
be stricken from said article and be no part thereof. 

Sec. 15. Until otherwise directed by law, the county of Mills 
shall be in and a part of the Sixth Judicial District of this State. 
Done in Convention at Iowa City, this fifth day of March, in the 

year of our Lord one thousand eight hundred and fifty-seven, 

and of the Independence of the United State of America the 

eigthy-first. 

SIGNERS: 



Timothy Day, 
S. G. Winchester, 
David Bunker, 
D. P. Palmer, 
Geo. W. Ells, 
J.- C. Hall, 
John H. Peters, 
Wm. H. Warren, 
H. W, Gray, 
Robt. Gower, 
H. D. Gibson, 
Thomas Seeley, 
A. H. Marvin, 
J. H. Emerson, 
R. L. B. Clarke, 
James A. Young, 
D. H. Solomon, 

Attest: 



Th. J. Saunders, Sec'y. 

E. N. Bates, Assistant Sec'y. 



W. W. Robinson, 
Lewis Todhunter, 
John Edwards, 
J. C. Traer, 
James F. Wilson, 
Amos Harris, 
John T. Clarke, 
S. Ayres, 
Harvey J. Skiff, 
J. A. Parvin, 
W. Penn Clark, 
Jere Hollingsworth, 
Wm. Patterson, 
D. W. Price, 
Alpheas Scott, 
Geo. Gillaspy, 
Edward Johnston. 

Francis Springer, Pres. 



CONSTITUTION OF THE UNITED STATES. 



We, the people of the United States, in order to form a more 
perfect union, establish justice, insure domestic tranquillity,' pro- 
vide for the common defense, promote the general welfare, and 
secure the blessings of liberty to ourselves and our posterity, do 
ordain and establish this Constitution for the United States of 
America. 

ARTICLE I. 

Section 1. All legislative powers herein granted shall be vested 
in a Congress of the United States, which shall consist of a 
Senate and House of Representatives. 

Sec. 2. The House of Representatives shall be composed of 
members chosen every second year by the people of the several 
States, and the electors in each State shall have the qualifications 
requisite for electors of the most numerous branch of the State 
legislature. 

No person shall be a Representative who shall not have at- 
tained the age of twenty-five years, and been seven years a citizen 
of the United States, and who shall not, when elected, be an 
inhabitant of that State in which he shall be chosen. 

Representatives and direct taxes shall be apportioned among 
the several States which may be included within this Union, 
according to their respective numbers, which shall be determined 
by adding to the whole number of free persons, including those 
bound to service for a term of years, and excluding Indians not 
taxed, three-fifths of all other persons. The actual enumeration 
shall be made within three years after the first meeting of the 
Congress of the United States, and within every subsequent term 
of ten years, in such manner as they shall by law direct. The 
number of Representatives shall not exceed one for every thirty 
thousand, but each State shall have at least one Representative; 
and until such enumeration shall be made, the State of New 
Hampshire shall be entitled to choose three, Massachusetts eight, 
Rhode Island and Providence Plantations one, Connecticut five, 
New York six, New Jersey four. Pennsylvania eight, Delaware 



OUR STATE AND NATION. 

one, Maryland six, Virginia ten, North Carolina five, South Caro- 
lina five, and Georgia three. 

When vacancies happen in the representation from any State, 
the executive authority thereof shall issue writs of election to fill 
such vacancies. 

The House of Representatives shall choose their Speaker and 
other officers, and shall have the sole power of impeachment. 

Sec. 3. The Senate of the United States shall be composed of 
two Senators from each State, chosen by the legislature thereof, 
for six years; and each Senator shall have one vote. 

Immediately after they shall be assembled in consequence of 
the first election, they shall be divided as equally as may be into 
three classes. The seats of the Senators of the first class shall 
be vacated at the expiration of the second year; of the second 
class, at the expiration of the fourth year, and of the third class, 
at the expiration of the sixth year, so that one-third may be 
chosen every second year; and if vacancies happen by resignation 
or otherwise during the recess of the legislature of any State, the 
executive thereof may make temporary appointments until the 
next meeting of the legislature, which shall then fill such vacan- 
cies. 

No person shall be a Senator who shall not have attained 
to the age of thirty years, and been nine years a citizen of the 
United States, and who shall not, when elected, be an inhabitant 
of that State for which he shall be chosen. 

The Vice-President of the United States shall be President 
of the Senate, but shall have no vote unless they be equally 
divided. 

The Senate shall choose their other officers, and also a Presi- 
dent pro tempore in the absence of the Vice-President, or when 
he shall exercise the office of President of the United States. 

The Senate shall have the sole power to try all impeachments. 
When sitting for that purpose, they shall be on oath or affirma- 
tion. When the President of the United States is tried, the Chief 
Justice shall preside: and no person shall be convicted without 
the concurrence of two-thirds of the members present. 

Judgment in cases of impeachment shall not extend further 
than to removal from office, and disqualification to hold and enjoy 
any office of honor, trust, or profit under the United States; but 
the party convicted shall, nevertheless, be liable and subject to 
indictment, trial, judgment, and punishment according to law. 

Sec. 4. The times, places, and manner of holding elections for 
Senators and Representatives shall be prescribed in each State by 



CONSTITUTION OF THE UNITED STATES. 

the legislature thereof; but the Congress may at any time by law 
make or alter such regulations, except as to the places of choos- 
ing Senators. 

The Congress shall assemble at least once in every year, and 
suoh meeting shall be on the first Monday in December, unless 
they shall by law appoint a different day. 

Sec. 5. Each house shall be the judge of the elections, returns, 
and qualifications of its own members, and a majority of each 
shall constitute a quorum to do business; but a smaller number 
may adjourn from day to day, and may be authorized to compel 
the attendance of absent members, in such manner, and under 
such penalties, as each house may provide. 

Each house may determine the rules of its proceedings, punish 
its members for disorderly behavior, and with the concurrence of 
two-thirds, expel a member. 

Each house shall keep a journal of its proceedings, and from 
time to time publish the same, excepting such parts as may in 
their judgment require secrecy, and the yeas and nays of the 
members of either house on any question shall, at the desire of 
one-fifth of those present, be entered on the journal. 

Neither house, during the session of Congress, shall, without 
the consent of the other, adjourn for more than three days, nor 
to any other place than that in which the two houses shall be 
sitting. 

Sec. 6. The Senators and Representatives shall receive a com- 
pensation for their services, to be ascertained by law and paid 
out of the Treasury of the United States. They shall, in all cases, 
except treason, felony, and breach of the peace, be privileged 
from arrest during their attendance at the session of their re- 
spective houses, and in going to and returning from the same; 
and for any speech or debate in eithor house they shall not be 
questioned in any other place. 

No Senator or Representative shall, during the time for which 
he was elected, be appointed to any civil office under the authority 
of the United States, which shall have been created, or the 
emoluments whereof shall have been increased during such time; 
and no person holding any office under the United States shall 
be a member of either house during his continuance in office. 

Sec. 7. All bills for raising revenue shall originate in the 
House of Representatives; but the Senate may propose or concur 
with amendments as on other Dills. 

Every bill which shall have passed the House of Representa- 
tives and the Senate shall, before it becomes a law, be presented 



OUR STATE AND NATION. 

to the President of the United States; if he approve he shall sign 
it, but if not he shall return it, with his objections, to that house 
in which it shall have originated, who shall enter the objections 
at large on their journal and proceed to reconsider it. If after 
such reconsideration two-thirds of that house shall agree to pass 
the bill, it shall be sent, together with the objections, to the other 
house, by which it shall likewise be reconsidered, and if approved 
by two-thirds of that house it shall become a law. But in all 
such cases the votes of both houses shall be determined by yeas 
and nays, and the names of the persons voting for and against 
the bill shall be entered on the journal of each house respectively. 
If any bill shall not be returned by the President within ten days 
(Sundays excepted) after it shall have been presented to him, 
the same shall be a law, in like manner as if he had signed it, 
unless the Congress by their adjournment prevent its return, in 
which case it shall not be a law. 

Every order, resolution, or vote to which the concurrence of 
the Senate and House of Representatives may be necessary (ex- 
cept on a question of adjournment) shall be presented to the 
President of the United States; and before the same shall take 
effect, shall be approved by him, or being disapproved by him. 
shall be repassed by two-thirds of the Senate and House of Rep- 
resentatives, according to the rules and limitations prescribed 
in the case of a bill. 

Sec. 8. The Congress shall have power to lay and collect taxes, 
duties, imposts, and excises, to pay the debts and provide for the 
common defense and general welfare of the United States; but 
all duties, imposts, and excises shall be uniform throughout the 
United States; 

To borrow money on the credit of the United States; 

To regulate commerce with foreign nations and among the 
several States, and with the Indian tribes; 

To establish an uniform rule of naturalization, and uniform 
laws on the subject of bankruptcies throughout the United States; 

To coin money, regulate the value thereof, and of foreign coin, 
and fix the standard of weights and measures; 

To provide for the punishment of counterfeiting the securities 
and current coin of the United States; 

To establish post-offices and post-roads; 

To promote the progress of science and useful arts by securing 
for limited times to authors and inventors the exclusive right 
to their respective writings and discoveries; 

To constitute tribunals inferior to the Supreme Court; 



CONSTITUTION OF THE UNITED STATES. 

To define and punish piracies and felonies committed on the 
high seas and offenses against the law of nations; 

To declare war, grant letters of marque and reprisal, and make 
rules concerning captures on land and water; 

To raise and support armies, but no appropriation of money 
to that use shall be for a longer time than two years; 

To provide and maintain a navy; 

To make rules for the government and regulation of the land 
and naval forces; 

To provide for calling forth the militia to execute the laws 
of the Union, suppress insurrections, and repel invasions; 

To provide for organizing, arming, and disciplining the militia, 
and for governing such part of them as may be employed in the 
service of the United States, reserving to the States respectively 
the appointment of the officers, and the authority of training 
the militia according to the discipline prescribed by Congress; 

To exercise exclusive legislation in all cases whatsoever over 
such district (not exceeding ten miles square) as may, by cession 
of particular States and the acceptance of Congress, become the 
seat of the Government of the United States, and to exercise like 
authority over all places purchased by the consent of the legis- 
lature of the State in which the same shall be, for the erection 
of forts, magazines, arsenals, dockyards, and other needful build- 
ings; and 

To make all laws which shall be necessary and proper for 
carrying into execution the foregoing powers, and all other 
powers vested by this Constitution in .the Government of the 
United States, or in any department or officer thereof. 

Sec. 9. The migration or importation of such persons as any 
of the States now existing shall think proper to admit shall not be 
prohibited by the Congress prior to the year one thousand eight 
hundred and eight, but a tax or duty may be imposed on such 
importation, not exceeding ten dollars for each person. 

The priviltge of the writ of habeas corpus shall not be sus- 
pended, unless when in cases of rebellion or invasion the public 
safety may require it. 

No bill of attainder or ex post facto law shall be passed. 

No capitation or other direct tax shall be laid, unless in pro- 
portion to the census or enumeration hereinbefore directed to be 
taken. 

No tax or duty shall be laid on articles exported from any State. 

No preference shall be given by any regulation of commerce 
or revenue to the ports of one State over those of another; nor 



OUR STATE AND NATION. 

shall vessels bound to or from one State be obliged to enter, clear, 
or pay duties in another. 

No money shall be drawn from the Treasury but in conse- 
quence of appropriations made by law; and a regular statement 
and account of the receipts and expenditures of all public money 
shall be published from time to time. 

No title of nobility shall be granted by the United States; 
and no person holding any office of profit or trust under them 
shall, without the consent of the Congress, accept of any present, 
emolument, office, or title, of any kind whatever, from any king, 
prince, or foreign State. 

Sec. 10. No State shall enter into any treaty, alliance, or con- 
federation; grant letters of marque and reprisal; coin money; 
emit bills of credit; make anything but gold and silver coin a 
tender in payment of debts; pass any bill of attainder, ex post 
facto law, or law impairing the obligation of contracts, or grant 
any title of nobility. 

No State shall, without the consent of Congress, lay any 
imposts or duties on imports or exports, except what may be 
absolutely necessary for executing its inspection laws; and the net 
produce of all duties and imposts, laid by any State on imports or 
exports, shall be for the use of the Treasury of the United States; 
and all such laws shall be subject to the revision and control of 
the Congress. 

No State shall, without the consent of Congress, lay any duty 
of tonnage, keep troops or ships of war in time of peace, enter 
into any agreement or compact with another State or with a for- 
eign power, or engage in war, unless actually invaded or in such 
imminent danger as will not admit of delay. 

ARTICLE II. 

Section 1. The executive power shall be vested in a President 
of the United States of America. He shall hold his office during 
the term of four years, and together with the Vice-President, 
chosen for the same term, be elected as follows: 

Each State shall appoint, in such manner as the legislature 
thereof may direct, a number of electors, equal to the whole 
number of Senators and Representatives to which the State may 
be entitled in the Congress; but no Senator or Representative, or 
person holding an office of trust or profit under the United States, 
shall be appointed an elector. 

[The electors shall meet in their respective States and vote by 



CONSTITUTION OF THE UNITED STATES. 

ballot for two persons, of whom one at least shall not be an in- 
habitant of the same State with themselves. And they shall make 
a list of all the persons voted for, and of the number of votes for 
each; which list they shall sign and certify, and transmit sealed 
to the seat of government of the United States, directed to the 
President of the Senate. The President of the Senate shall, in 
the presence of the Senate and House of Representatives, open all 
the certificates, and the votes shall then be counted. The person 
having the greatest number of votes shall be the President, if 
such number be a majority of the whole number of electors ap- 
pointed; and if there be more than one who have such majority, 
and have an equal number of votes, then the House of Repre- 
sentatives shall immediately choo3e by ballot one of them for 
President; and if no person have a majority, then from the five 
highest on the list the said House shall in like manner choose 
the President. But in choosing the President the votes shall be 
taken by States, the representation from each State having one 
vote; a quorum for this purpose shall consist of a member or 
members from two-thirds of the States, and a majority of all 
the States shall be necessary to a choice. In every case, after the 
choice of the President, the person having the greatest number 
of votes of the electors shall be the Vice-President. But if there 
should remain two or more who have equal votes, the Senate shall 
choose from them by ballot the Vice-President.]* 

The Congress may determine the time of choosing the electors 
and the day on which they shall give their votes, which day shall 
be the same throughout the United States. 

No person except a natural-born citizen, or a citizen of the 
United States at the time of the adoption of this Constitution, 
shall be eligible to the office of President; neither shall any per- 
son be eligible to that office who shall not have attained to the 
age of thirty-five years, and been fourteen years a resident within 
the United States. 

In case of the removal of the President from office, or of his 
death, resignation, or inability to discharge the powers and 
duties of the said office, the same shall devolve on the Vice-Presi- 
dent, and the Congress may by law provide for the case of re- 
moval, death, resignation, or inability, both of the President and 

♦This clause of the constitution has been superseded by the 
Twelfth Amendment. 



OUR STATE AND NATION. 

Vice-President, declaring what officer shall then act as President, 
and such officer shall act accordingly until the disability be re- 
moved or a President shall be elected. 

The President shall, at stated times, receive for his services 
a compensation, which shall neither be increased nor diminished 
during the period for which he may have been elected, and he 
shall not receive within that period any other emolument from 
the United States or any of them. 

Before he enter on the execution of his office he shall take the 
following oath or affirmation: 

"I do solemnly swear (or affirm) that I will faithfully execute 
the office of President of the United States, and will to the best 
of my ability preserve, protect, and defend the Constitution of 
the United States." 

Sec. 2. The President shall be Commander-in-chief of the Army 
and Navy of the United States, and of the militia of the several 
States when called into the actual service of the United States; 
he may require the opinion, in writing, of the principal officer 
in each of the executive departments, upon any subject relating 
to the duties of their respective offices, and he shall have power 
to grant reprieves and pardons for offenses against the United 
States, except in cases of impeachment. 

He shall have power, by and with the advice and consent of 
the Senate, to make treaties, provided two-thirds cf the Senators 
present concur; and he shall nominate, and, by and with the 
advice and consent of the Senate, shall appoint ambassadors, 
other public ministers and consuls, judges of tha Supreme Court, 
and all other officers of the United States, whose appointments 
are not herein otherwise provided for, and wl :\ shall be estab- 
lished by law; but the Congress may by law vest the appoint- 
ment of such inferior officers, as they think proper, in the Presi- 
dent alone, in the courts of law, or in the heads of departments. 

The President shall have power to fill all vacancies that may 
happen during the recess of the Senate, by granting commissions 
which shall expire at the end of their next session. 

Sec. 3. He shall from time to time give to the Congress in- 
formation of the state of the Union, and recommend to their con- 
sideration such measures as he shall judge necessary and expedi- 
ent; he may, on extraordinary occasions, convene both houses, 
or either of them, and in case of disagreement between them with 
respect to the time of adjournment, 'he may adjourn them to such 
time as he shall think proper; he shall receive ambassadors and 
other public ministers; he shall take care that the laws be faith- 



CONSTITUTION OF THE UNITED STATES. 

fully executed, and shall commission all the officers of the United 
States. 

Sec. 4. The President, Vice-President, and all civil officers of 
the United States shall be removed from office on impeachment 
for and conviction of treason, bribery, or other high crimes and 
misdemeanors. 

ARTICLE III. 

Section 1. The judicial power of the United States shall be 
vested in one Supreme Court, and in such inferior courts as the 
Congress may from time to time ordain and establish. The 
judges, both of the supreme and inferior courts, shall hold their 
offices during good behavior, and shall, at stated times, receive 
for their services a compensation which shall not be diminished 
during their continuance in office. 

Sec. 2. The judicial power shall extend to all cases, in law and 
equity, arising under this Constitution, the laws of the United 
States, and treaties made, or which shall be made, under their 
authority; to all cases affecting ambassadors, other public min- 
isters, and consuls; to all cases of admiralty and maritime juris- 
diction; to controversies to which the United States shall be a 
party; to controversies between two or more States; between a 
State and citizens of another State; between citizens of different 
States; between citizens of the same State claiming lands under 
grants of different States, and between a State, or the citizens 
thereof, and foreign States, citizens, or subjects. 

In all cases affecting ambassadors, other public ministers and 
consuls, and those in which a State shall be a party, the Supreme 
Court shall have original jurisdiction. In all the other cases be- 
fore mentioned the Supreme Court shall have appellate jurisdic- 
tion, both as to law and fact, with such exceptions and under 
such regulations as the Congress shall make. 

The trial of all crimes, except in cases of impeachment, shall be 
by jury; and such trial shall be 'held in the State where the said 
crimes shall have been committed; but when not committeu 
within any State, the trial shall be at such place or places as the 
Congress may by law have directed. 

Sec. 3. Treason against the United States shall consist only in 
levying war against them, or in adhering to their enemies, giv- 
ing them aid and comfort. No person shall be convicted of trea- 
son unless on the testimony of two witnesses to the same overt 
act, or on confession in open court. 

The Congress shall have power to declare the punishment of 






OUR STATE AND NATION. 

treason, but no attainder of treason shall work corruption of 
blood or forfeiture except during the life of the person attainted. 

ARTICLE IV. 

Section 1. Full faith and credit shall be given in each State to 
the public acts, records, and judicial proceedings of every other 
State. And the Congress may by general laws prescribe the 
manner in which such acts, records, and proceedings shall be 
proved, and the effect thereof. 

Sec. 2. The citizens of each State shall be entitled to all privi- 
leges and immunities of citizens in the several States. 

A person charged in any State with treason, felony, or other 
crime, who shall flee from justice, and be found in another State, 
shall, on demand of the executive authority of the State from 
which he fled, be delivered up, to be removed to the State having 
jurisdiction of the crime. 

No person held to service or labor in one State, under the laws 
thereof, escaping into another, shall, in consequence of any law 
or regulation therein, be discharged from such service or labor, 
but shall be delivered up on claim of the party to whom such 
service or labor may be due. 

Sec. 3. New States may be admitted by the Congress into this 
Union; but no new State shall be formed or erected within the 
jurisdiction of any other State; nor any State be formed by the 
junction of two or more States or parts of States, without the 
consent of the legislatures of the States concerned as well as of 
the Congress. 

The Congress shall have power to dispose of and make all need- 
ful rules and regulations respecting the territory or other prop- 
erty belonging to the United States; and nothing in this Consti- 
tution shall be so construed as to prejudice any claims of the 
United States or of any particular State. 

Sec. 4. The United States shall guarantee to every State in 
this Union a republican form of government, and shall protect 
each of them against invasion, and on application of the legis- 
lature, or of the executive (when the legislature cannot be con- 
vened), against domestic violence. 

ARTICLE V. 

The Congress, whenever two-thirds of both houses shall deem 
it necessary, shall propose amendments to this Constitution, or, 
on the application of the legislatures of two-thirds of the several 



CONSTITUTION OP THE UNITED STATES. 

States, shall call a convention for proposing amendments, which 
in either case shall be valid to all intents and purposes as part of 
this Constitution, when (ratified by the legislatures of three- 
fourths of the several States, or by conventions in three-fourths 
thereof, as the one or the other mode of ratification may be pro- 
posed by the Congress, provided that ino amendments which may 
be made prior to the year one thousand eight hundred and eight 
shall in any manner affect the first and fourth clauses in the 
ninth section of the first article; and that no State, without its 
consent, shall be deprived of its equal suffrage in the Senate. 

ARTICLE VI. 

All debts contracted and engagements entered into, before the 
adoption of this Constitution, shall be as valid against the United 
States under this Constitution as under the confederation. 

This Constitution, and the laws of the United States which, 
shall be made in pursuance thereof, and all treaties made, or 
which shall be made, under the authority of the United States, 
shall be the supreme law of the land; and the judges in every 
State shall be bound thereby, anything in the Constitution or 
laws of any State to the contrary notwithstanding. 

The Senators and Representatives before mentioned, and the 
members of the several State legislatures, and all executive and 
judicial officers both of the United States and of the several 
States, shall be bound by oath or affirmation to support this Con- 
stitution; but no religious test shall ever be required as a qual- 
ification to any office or public trust under the United States. 

ARTICLE VII. 

The ratification of the conventions of nine States shall be suf- 
ficient for the establishment of this Constitution between the 
States so ratifying the same. 

Done in convention by the unanimous consent of the States 
present, the seventeenth day of September, in the year of our 
Lord one thousand seven hundred and eighty-seven, and of 
the independence of the United States of America the twelfth. 
In witness whereof, we have hereunto subscribed our names. 
George Washington, President, and Deputy from Virginia. 
New Hampshire — John Langdon, Nicholas Gilman. 
Massachusetts — Nathaniel Gorham, Rufus King. 
Connecticut— William Samuel Johnson, Roger Sherman. 
New York — Alexander Hamilton. 



OUR STATE AND NATION. 

New Jersey — William Livingston, David Brearly, William Patter- 
son, Jonathan Dayton. 

Pennsylvania — Benjamin Franklin, Thomas Mifflin, Robert Mor- 
ris, George Clymer, Thomas Fitzsimons, Jared Ingersoll, James 
Wilson, Gouverneur Morris. 

Delaware — George Read, Gunning Bedford, Jr., John Dickinson, 
Richard Bassett, Jacob Broom. 

Maryland — James McHenry, Daniel of St. Thomas Jenifer, Daniel 
Carroll. 

Virginia — John Blair, James Madison, Jr. 

North Carolina — William Blount, Richard Dobbs Spaight, Hugh 
Williamson. 

South Carolina — John Rutledge, Charles Cotesworth Pinckney, 
Charles Pinckney, Pierce Butler. 

Georgia — William Few, Abraham Baldwin. 

Attest: William Jackson, Secretary. 

AMENDMENTS. 

ARTICLE I. 

Congress shall make no law respecting an establishment of 
religion, or prohibiting the free exercise thereof; or abridging 
the freedom of speech or of the press; or the right of the people 
peaceably to assembly, and to petition the government for a re- 
dress of grievances. 

ARTICLE II. 

A well-regulated militia being necessary tc the security of a 
free State, the right of the people to keep and bear arms shall 
not be infringed. 

ARTICLE III. 

No soldier shall, in time of peace, be quartered in any house 
without the consent of the owner, nor in time of war, but in a 
manner to be prescribed by law. 

ARTICLE IV. 

The right of the people to be secure in their persons, houses, 
papers, and effects, against unreasonable searches and seizures, 
shall not be violated, and no warrants shall issue but upon prob- 
able cause, supported by oath or affirmation, and particularly de- 
scribing the place to be searched, and the person or things to be 
seized. 



CONSTITUTION OF THE UNITED STATES. 

ARTICLE V. 

No person shall be held to answer for a capital or otherwise 
infamous crime, unless on a presentment or indictment of a 
grand jury, except in cases arising in the land or naval forces, 
or in the militia, when in actual service in time of war or public 
danger; nor shall any person be subject for the same' offense to 
be twice put in jeopardy of life or limb; nor shall be compelled 
in any criminal case to be a witness against himself, nor be de- 
prived of life, liberty, or property, without due process of law; 
nor shall private property be taken for public use without just 
compensation. 

ARTICLE VI. 

In all criminal prosecutions the accused shall enjoy the right 
to a speedy and public trial, by an impartial jury of the State 
and district wherein the crime shall have been committed, which 
district shall 'have been previously ascertained by law, and to be 
informed of the nature and cause of the accusation; to be con- 
fronted with the witnesses against him; to have compulsory 
process for obtaining witnesses in his favor, and to have the 
assistance of counsel for his defense. 

ARTICLE VII. 

In suits at common law, where the value in controversy shall 
exceed twenty dollars, the right of trial by jury shall be preserved, 
and no fact tried by a jury shall be otherwise re-examined in any 
court of the United States, than according to the rules of the 
common law. 

ARTICLE VIII. 

Excessive bail shall not be required, nor excessive fines im- 
posed, nor cruel and unusual punishments inflicted. 

ARTICLE IX. 

The enumeration in the Constitution of certain rights shall not 
be construed to deny or disparage others retained by the people. 

ARTICLE X. 

The powers not delegated to the United States by the Consti- 
tution, nor prohibited by it to the States, are reserved to the 
States respectively or to the people. 



OUR STATE AND NATION. 

ARTICLE XI. 

TLe judicial power of the United States shall not be construed 
to extend to any suit in law or equity, commenced or prosecuted 
against one of the United States by citizens of another State, or 
by citizens or subjects of any foreign State. 

ARTICLE XII. 

The electors shall meet in their respective States and vote by 
ballot for President and Vice-President, one of whom, at least, 
shall not be an inhabitant of the same State with themselves; 
they shall name in their ballots the person voted for as President, 
and in distinct ballots the person voted for as Vice-President, 
and they shall make distinct lists of all persons voted for as 
President and of all persons voted for as Vice-President, and of 
the number of votes for each; which lists they shall sign and 
certify, and transmit sealed to the seat of the government of the 
United States, directed to the President of the Senate. The Presi- 
dent of the Senate shall, in the presence of the Senate and House 
of Representatives, open all the certificates and «the vote shall 
then be counted. The person having the greatest number of votes 
for President shall be the President, if such number be a majority 
of the whole number of electors appointed; and if no person 
have such majority, then from the persons having the highest 
numbers not exceeding three on the list of those voted for as 
President, the House of Representatives shall choose immedi- 
ately, by ballot, the President. But in choosing the President 
the votes shall be taken by States, the representation from each 
State having one vote; a quorum for this purpose shall consist 
of a member or members from two-thirds of the States, and a 
majority of all the States shall be necessary to a choice. And if 
the House of Representatives shall not choose a President when- 
ever the right of choice shall devolve upon them, before the fourth 
day of March next following, then the Vice-President shall act 
as President, as in the case of the death or other constitutional 
disability of the President. 

. The person having the greatest number of votes as Vice-Presi- 
dent shall be the Vice-President, if such number be a majority of 
the whole number of electors appointed; and if no person have 
a majority, then from the two highest numbers on the list the 
Senate shall choose the Vice-President; a quorum for the pur- 
pose shall consist of two-thirds of the whole number of Senators, 
and a majority of the whole number shall be necessary to a 



CONSTITUTION OF THE UNITED STATES. 

cQOice. But no person constitutionally ineligible to the office of 
President shall be eligible to that of Vice-President of the United 
States. 

ARTICLE XIII. 

Section 1. Neither slavery nor involuntary servitude, except 
as a punishment for crime whereof the party shall have been 
duly convicted, shall exist within the United States or any place 
subject to their jurisdiction. 

Sec. 2. Congress shall have power to enforce this article by 
appropriate legislation. 

ARTICLE XIV. 

Section 1. All persons born or naturalized in the United States* 
and subject to the jurisdiction thereof, are citizens of the United 
States and of the State wherein they reside. No State shall make 
or enforce any law which shall abridge the privileges or immuni- 
ties of citizens of the United States; nor shall any State deprive 
any person of life, liberty, or property, without due process of 
law; nor deny to any person within its jurisdiction the equal 
protection of the laws. 

Sec. 2. Representatives shall be apportioned among the sev- 
eral States according to their respective numbers, counting the 
whole number of persons in each State, excluding Indians not 
taxed. But when the right to vote at any election for the choice 
of electors for President and Vice-President of the United States* 
Representatives in Congress, the executive and judicial officers, 
of a State, or the members of the legislature thereof, is denied to 
any of the male inhabitants of such State, being twenty-one 
years of age, and citizens of the United States, or in any way 
abridged, except for participation in rebellion, or other crime, the 
basis of representation therein shall be reduced in the proportion 
which the number of such male citizens shall bear to the whole 
number of male citizens twenty-one years of age in such State. 

Sec. 3. No person shall be a Senator or Representative in 
Congress, or elector of President and Vice-President, or hold any 
office, civil or military, under the United States or under any 
State, who, having previously taken an oath as a member of 
Congress, or as an officer of the United States, or as a member 
of any State legislature, or as an executive or judicial officer of 
any State, to support the Constitution of the United States, shall 
have engaged in insurrection or rebellion against the same, or 



OUR STATE AND NATION. 

given aid or comfort to the enemies thereof. But Congress may, 
by a vote of two-thirds of each house, remove such, disability. 

Sec. 4. The validity of the public debt of the United States, 
authorized by law, including debts incurred for payment of pen- 
sions and bounties for services in suppressing insurrection or 
rebellion, shall not be questioned. But neither the United States 
nor any State shall assume or pay any debt or obligation incurred 
in aid of insurrection or rebellion against the United States, or 
any claim for the loss or emancipation of any slave; but all such 
debts, obligations, and claims shall be held illegal and void. 

Sec. 5. The Congress shall have power to enforce, by appro- 
priate legislation, the provisions of this article. 

ARTICLE XV. 

Section 1. The right of citizens of the United States to vote 
shall not be denied or abridged by the United States or by any 
State on account of race, color, or previous condition of servitude. 

Sec. 2. The Congress shall have power to enforce this article 
by appropriate legislation. 



GENERAL INDEX. 



Adjutant General 94 

Administrator 47 

Admission of States 158 

Admission to High School 24 

Affidavit 59 

Agricultural College 98 

Amendment to State Constitution 81 

Amendment to U. S. Constitution 159 

Appointment: of Township Officers 27 

of Federal Judges 129 

Made by Governor 75 

Made by President 129-131 

Appropriations for Army 142 

Apportionment of Representatives in Congress in Our Early 

History 145 

Assessor: of Township 30 

of Cities 36 

Assessment, Equalization of 44 

Asylums for Insane 102 

Assistance to Voters 119 

Associate Judges of Supreme Court 152 

Attorney General of Nation 133 

of State 78 

Attainder, Bill of 144 

Auditor: of City 38 

of County 44-45 

of State 76 

Auditor and Clerk of County: Office of Both Filled by One 

Man 51 

B. 

Ballot Specimens 121 

Ballots, Making and Printing 117 

Ballot Boxes 44 

Bankrupt Laws 140 

Banks 71-78 

Binding Over to Court 31 



OUR STATE AND NATION. 

Bill of Sale 48 

Bills in G. A 62 

Bill Clerk 63 

Biennial Message 74 

Bill of Attainder 144 

Bonds, Issuance of by Public Corporations 77 

Boards of Election 118 

Board of Control of State Institutions .... 100 

Booths for Voters, Provision for 44-118 

Board of Equalization: in Township 30 

in County 44 

in State 76 

Board of Canvassers of Election Returns: of County 100-120 

of State Ill 

Board of Examiners 79 

Board of Parole 105 

Board of Optometry Examiners 89 

Boundaries of Counties, Changing of 68 

Bribery 69 

Bounties on Scalps of Wild Animals 43 

Bridges in County 44 

Branding 29 

Bonds: of City Officers 38 

of State Officers 74 

of School Officers 23 

of County Officers 43 

of Justice of Peace 32 

Form of 52 

C. 

Cabinet Officers 132-134 

Canvassers of Election in County 62, 110, 120 

in State 62-111 

Change of Venue 31 

Charters . 35 

Challenging Jurors 58 

Civil Township..... 27 

Civil Engineer 38 

Constable 32 

Certificate of Election in County 52 

Classes of Cities 35 

Clerk of District Court 47-48 

Clerk of District Court and Auditor: Office of Both Filled by 

One Person 51 



INDEX. 

Clerk of House 63 

Congressional Townships 8 

Contested Election in County 45 

Commissioners of Insane 51 

Conveyance of Prisoners to State Prison... 48 

Compulsory Attendance of G. A 66 

Contesting Elections of Governor 74 

Commander-in-Chief of Militia 76 

Committees of Senate 72 

Contingent Fund of Governor 75 

Commissioners in Other States 78 

Commissioners: of Dairy Products, 85 

of Pharmacy 86 

of Labor Statistics 88 

Contested Election of Members of G. A 65 

Correction Lines 12 

County: Need of. 42 

Size of. 42 

Coroner 50 

Custodian of Public Buildings 83 

Curator of Historical Society 88 

Compensation of Township Officers 43-50 

Caucus 107 

Candidates: Withdrawal of 117 

Calling Out Militia 76-142 

Census of U. S 125 

Census of Iowa 30 

Census Blank Forms 92 

Certificates of Nomination 110-114 

Chief Justice State Supreme Court 96 

Chaplain of Penitentiary 104 

Chairman of County Convention 114 

Chief Justice U. S 152 

Chisholm vs. Georgia 152 

Civil Service Officers 129 

City Postmasters 130 

Cities: Classes of 35 

Circuit Courts of U. S \ 153 

Circuit Court of Appeals 155 

Clerk of Supreme Court of State 97 

Clerk of Penitentiary 104 

Clearance Papers 145 

Commander-in-Chief of Militia 94 

Council of Town and City 35-36 



OUR STATE AND NATIOX. 

College for Blind 101 

Commitment of Boy or Girl to Industrial School 1 03 

Convention: in County 114 

Congress 124 

Congress : Members of 125-136 

Powers of 137-138 

Limit of Powers 143 

Consul 129 

Con nection , Territorial 5 

Commander-in-Chief of Federal Army 130 

Commission Form of Government 40 

Constitutions, Forming of. 6 

Convening of Congress Extraordinary 130 

Coining of Money 140 

Corresponding Duties of Governor and President .. . 131 

Counterfeiting 140 

Copyrights 141 

Court of Claims 155 

Court, Territorial 155 

Credit Between States 143 

Congressional Districts 124 

D. 

Dairy Products 85 

Deaf and Dumb, Institutions for 101 

Department of Agriculture 92 

Depositions 59 

Deposits of County Funds 46 

Dental Examiners 85 

Des Moines Plan of City Government 40 

Director of Iowa Weather and Crop Service 87 

Discovery and Settlement 5 

District Convention 115 

District Court , 55 

Judges of 55 

Districts Courts of U. S 154 

Disbursement of State Money 68 

Discrimination of Ports of Entry 145 

Doorkeepers 63 

Draining Marsh Lands 29 

Dress of Supreme Judges 153 

E. 

Elections in Cities and Towns, Time of 35 

Election of Township Officers 32 



INDEX 

Election Returns in County 110-120 

Election of Officers Jointly in G. A 66 

Election of Governor by G. A... 67 

Election Returns of Representatives 62 

Elections of U. S. Senators 68 

Election Expenses 120 

Election of State Officers 80 

Election 117-120 

Election of President and Vice-President 127 

Electoral Commission 128 

Electoral Count Bill 128 

Enumeration of Children of Deceased Soldiers 30 

Engrossing Clerk 63 

Equalization of Assessment 28 

Enrolling Clerk 63 

Executive Department: General 30, 74 

National 127 

Executive Council 92 

Ex Post Facto Law 144 

Examiners, State Boards of 79 

Escheats 77 



File Clerk 63 

Filing Nomination Papers, for State Officers 112 

for County Officers 112 

Filing Certificates of Candidates for State Officers 117 

for County Officers 114 

Form for Notice of School Election, Proceeding, Etc 17-18 

Fish and Game Warden 85 

Fund, School 22-24 

G. 

General Assembly 62, 64, 74 

Special Meeting 74 

Adjournment 74 

Governor 74 

Guardians 47 

H. 

Habeas Corpus 144 

High School Courses, Aim of 98 

High School, Admission 24 

Health Officers of Township 28 

Highways 27, 43 



OUR STATE AND NATION. 

Highway Commission 89 

House of Representatives in State 72 

Its Organization 61 

House of Representatives of Nation, Special Powers 138 

House of Representatives of Nation 136 

I. 

Impeachment by Hcuse of Representatives in Congress 146 

Impeachment in the State 69 

Inebriate Hospital 101 

Independent District 19 

Incorporation of a To wn 35 

Incorporated Towns. Government of 35 

Instrument; Recorded by County Recorder 46 47 

Inquest Over Dead Body 50 

Indictment 58 

Form for 60 

Insurance Companies 77 

Inspectors : of Passenger Boats s 3 

of Mines S3 

of Oils S4 

Inspector of Normal Training High Schools 80 

Inspector of Bees 89 

Institution for Deaf and Dumb 101 

Institution for Feeble-Minded Children 101 

Industrial Schools for Boys and Girls 103 

Instruction to Voters 109, US 

Imports 139 

Interstate Commerce Law 139 

Income Tax 153 

Inferior Courts. Power of Congress Over 153-154 

Indictment, Federal 157 

Insane Asylum 102 

Iowa National Guards 93 

Irregularity of Boundary Lines B 

J. 

Joint Convention of G. A .' 66 

Journals of Senate and House 65 

Justice of Peace , 30 

Judges of Superior Court 36, 38, 97 

Judicial Department, General 39 

of Nation 152 

of State , 96 

Judicial Districts 55, 60 



INDEX. 

Judicial Convention 115 

Judges of District Court 55-60 

Jurors: G rand 54-58 

Petit 54, 58 

Jurisdiction of State Supreme Court 96 

Judges: General Powers of 97 

Judicial Officers of U.S 153, 154 

Judicial Districts of U. S 153, 154 

L. 

Laws Passed by G. A 63, 64 

Letters of Marque and Reprisal 142 

Legislative Department of Nation 136 

of State 61 

Lieutenant Governor's Clerk 63 

Legislative Department: General 39 

Locations of Townships 8-9 

Location of Land 10 

License for Marriage 47 

Lotteries 68 

Liberties of Member of G. A 69 

Library of State 85 

M. 

Maps of Iowa 151 

Mayor of Incorporated Towns 35 

of Cities 37 

Marshal of First-Class City 37 

ofa Town 36 

Meetings of County Supervisors 44 

Mines 83 

Mine Inspector . 83 

Militia * 93 

Mints of U. S 140 

Militia of U. S 122, 142 

Message of President 130 

Ministers and Ambassadors... ^ 129 

N. 

Naturalization 139 

Navy 142 

Nomination Papers 116 

Nominations for State Offices 112 

for County Offices 112 

Nominations by Parties Having Less Than 2 Per Cent of Vote 116 



OUK STATE AND NATION. 

Normal Training High Schools 79 

Notaries Public 85 

0. 

Officers of Senate and House 63 

Oath of Members of G. A 66 

Officers Under Civil Service 129 

Officers, Removal of 51 

Officers of School Board 21-22 

Organization of School Board 21 

Organization of State Senate and House of Representatives 63 

P. 

Payment of Members of the G. A 70 

Patents 141 

Pardoning Power of Governor. 76 

Passenger Boats 83 

Pardoning Power of President 130 

Peremptory Challenges 58 

Penitentiary 103 

Police Judges 38 

Poor, Care for 28, 43 

Poll Book 42, 119, 120 

Poll Tax 45 

Powers of Each House 65 

Power of Either House of G. A. to Adjourn 68 

Pocket Veto 65 

Principal Meridian 8, 9 

Probating a Will.. 47 

Primary Election 108 

Privates in Militia 94 

Plat Book : 45 

Political Parties, Their Origin and Use 107, 108 

Piracy : 141 

Parliamentary Practice of Congress 147 

Postmaster General 133 

Postal Service 141 

Powers of Each House Separately 146 

Powers of Congress 146 

Powers of Congress, Limit of 143 

Personal Rights 1 58 

President of U. S 125, 128 

President and Vice-President Qualifications of , 128 

Presidential Appointments 129 

President, Duties of 130, 131 



INDEX. 

President's Message 130 

Protection of Home I ndustries 1 39 

Presentment 157 

Presidential Succession 159 

Q. 

Quarantine of Stock 84 

R. 

Railroad Commissioners 80 

Report of Supreme Court 97 

Representatives, House of 61, 72, 124 

inState 61, 72 

Registration of Voters 119 

Recorder of: Incorporated Towns 37 

of County 46-47 

Recorder and Treasurer: One Man for Both Positions 51 

Removal from Office 51 

Resignations of County Officers 45 

Representative Districts 61, 72 

Readjustment of Representative Districts 61 

Restrictions of Membership of G. A. 62 

Restrictions of Members of G . A 65 

Restrictions of Powers of G. A. 68 

Resignation of Governor 74 

Register of Land Office 78 

Report of State Officers to Governor 74 

Requisition Papers ; 76 

Recorder of Results of Elections 78 

Representatives in Congress 125 

Rights of Petition 145 

Rights, Personal 158 

S. 

School Districts 15 

School Board, Duties of 21, 22 

Officers of 22-23 

SchoolFunds 22 

School Funds, Permanent 24 

School Township 17 

Salary of Members of G. A 70 

SalariesofU. S. Officers 160 

Savings Banks 77 



OUR STATE AND NATION. 

Salaries of Judges of Supreme Court 96 

Secretary of Senate .... 63 

Senate of State, Officers of 63 

Qualifications of Members 62 

Sergeant at Arms 63 

Senatorial Districts 73 

Secretary of Commerce 134 

Secretary of State : 132 

Secretary of Agriculture 134 

Secretary of War 133 

Secretary of Navy 133 

Secretary of Interior 134 

Secretary of Treasury 132 

Secretary of County Convention 114 

Senate of Nation 68, 137 

Senator, Election of U. S. 68, 125 

Senators in Congress 13 7 

Senatorial Convention 115 

Sheriff of County 48 

Sheriff's proclamation 48 

Slavery 145 

Solicitor 38 

Soldiers' Orphans' Home 102 

Soldiers' Home 102 

Speaker of House.... 63, 136 

Special Election of Members of Congress or G . A 75 

Sub-director 17-18 

Subpoena 33 

Suffrage Allowed Women 16 

Superintendent of Markets 38 

Superior Court 38 

Supervisors of County 43 

Superintendent of Schools 49 

Surveys, System of 8 

Succession to Presidency 159 

Supreme Court of U. S. 152 

Superintendent of Public Instruction 79 

Superintendent of Weights and Measures 86 

Street Commissioner 38 

Stock Law 28 

State Senate 62, 73 

State Laws, Distribution of 76 

State Election Contests 78 

State Convention , 116 



INDEX 

M;:t ■ Election 80, 107 

State Officers, Salaries of 80 

State Veterinary Surgeons 84 

State Batching House 85 

State Fish and Game Warden 85 

State Libraries 85 

State Reformatory 104 

State Board of Health 87 

state I 1 istorical Soeiety 87 

State Teachers' College 99 

State Sanitarium 105 

State University 98 

State Agricultural College 98 

State Judiciary 96 

State Supreme Court 96 

State Horticultural Society 93 

State Board of Canvassers Ill 

State Board of Dental Examiners 85 

State Board of Examiners 49, 79 

State Dairy Commissioner 85 

T. 

Talesmen 56 

Tax, Levy of County Tax 44 

Levy of School District Tax 22 

Tax Sales 46 

Tax Title 46 

Taxes Levied by Congress 138 

Taxes: Equalization of in Cities 36 

in Townships 30 

in Counties 44 

in State 76 

Territorial Court 155 

Testator 47 

Township, Kinds of 15 

Tie Votes: for Township Officers 29 

for Director ' 18 

for County Office 45 

Title of Nobility 144 

Township Government 27 

Towns, Incorporation of 34 

Township Trustees 27 

Township Clerk 29 

Treasurer of Town or City 37 



OUR STATE AND NATION. 

of County 45 

of State 78 

Transfer Book 45 

Treasurer and Recorder, Office of Both Filled by One Man 51 

Trial Before Jury 157 

Treaty Making. 130 

Treason 42 

Trial by Jury, National 157 

Teacher, the .. 23-24 

U. 

United States 124 

United States Attorney .-. 152,154 

United States Marshal 154 

V. 

Vacancy in Township 28 

in County 43 

ofSheriff 50 

inG.A. 65 

Veto of Governor and Passage of Bills Over His Veto 64 

Veto, Pocket 65 

Veterinary Surgeon 84 

Voters, Instructions to 109, 118 

Veto Power of President 130 

W. 

Warrant on County Treasurer. .... 45 

Women as Recorder or County Superintendent 51 

Warden of Penitentiary 104 

Weather and Crop Service 87 

- Weights and Measures 86 

Withdrawal of Candidates 117 



feas and Nays 70 



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